Equalization of Pension Rights upon Divorce in Rijswijk
In Rijswijk, the equalization of pension rights upon divorce ensures that the pension built up during the marriage is fairly divided between both partners. After a divorce in the region, each ex-partner is entitled to half of the pension from the marital period. This standard rule applies to marriages and partnerships after January 1, 2000, unless partners in Rijswijk have explicitly chosen otherwise through marital agreements.
What does equalization of pension rights mean for residents of Rijswijk?
Equalization of pension rights is a legal provision that equally divides pension entitlements built up during the marriage or partnership upon divorce. It covers retirement pension, survivor’s pension, and possibly disability pension from the second pillar, such as through employers in the Hague region around Rijswijk. The goal is to prevent one partner—often due to caregiving responsibilities for the family or household—from being left with a lower pension after divorce, a common issue among families in Rijswijk.
In Rijswijk, this differs from the division of other assets, like a home or savings account. Pensions are not paid out in cash immediately but are equalized: the pension administrator ensures that, upon retirement, half of the marital buildup is transferred from one partner to the other. Until then, the pension remains with the original holder.
Legal basis for equalization in Rijswijk
The equalization of pension rights is governed by the Act on Equalization of Pension Rights upon Divorce (Wvps), which has been in effect since January 1, 2000. Relevant articles include:
- Article 1 Wvps: Establishes the right to equalization for pensions from the marriage or partnership period.
- Article 7 Wvps: Provides for a 50/50 split, unless marital agreements specify otherwise.
- Article 10 Wvps: Requires an application to the pension provider within two years of the divorce judgment.
For marriages before 2000, equalization was not automatic but could be arranged voluntarily. The Future Pensions Act (Wtp), effective from January 1, 2023, reforms the pension system but maintains the equalization principles. Specific rules apply to Rijswijk civil servants (via ABP) or military personnel; check the Dutch government website or The Legal Aid Office in Rijswijk for the latest advice.
How does equalization work in practice for divorces in Rijswijk?
Upon a divorce in Rijswijk, equalization must be applied for separately. The lawyer or notary notifies pension funds of the divorce through the judgment from the Rijswijk District Court. Both partners then receive a pension overview showing the buildup before and during the marriage. The marital portion (from the date of marriage to divorce) is split equally.
Step-by-step process:
- Divorce proceedings at Rijswijk District Court: The judge approves the divorce and includes equalization in the judgment.
- Application for equalization: Submit a written request to all pension providers within two years of the date.
- Calculation: The fund calculates the marital portion. For example: if Partner A built up €10,000 annually and Partner B €5,000, Partner B will receive an extra €2,500 per year from Partner A’s pension upon retirement (half of the difference).
- Execution: Upon reaching retirement age, the fund pays the equalization entitlement to the ex-partner.
Key details: Survivor’s pension is not included in equalization unless separately insured. AOW (first pillar) is not divided, as it is based on years of residence in the Netherlands, including in Rijswijk.
Rights and obligations for equalization among Rijswijk residents
Each ex-partner in Rijswijk has a right to half of the marital pension buildup, including adjustments and increases. This right is inalienable until retirement. Obligations include:
- Notifying pension funds of the divorce promptly through the Rijswijk District Court.
- Cooperating in calculations and providing necessary data.
- If the application is late (after two years), the right lapses, except in cases of force majeure—consult The Legal Aid Office in Rijswijk in such situations.
If one partner ignores pension rights, such as by stopping work early, the other can seek enforcement through the Rijswijk District Court. For divorces with international elements (e.g., partners from The Hague or elsewhere), EU rules (Regulation 2019/1111) apply for recognition.
Examples of equalization in the Rijswijk context
Take Anna and Ben from Rijswijk, who divorce after 10 years. Anna, working full-time at a local company, built up €20,000 per year; Ben, working part-time due to childcare, built up €8,000. Marital buildup: €280,000 for Anna and €112,000 for Ben. Through equalization, Ben receives €14,000 per year from Anna’s fund (half of the difference), resulting in €14,000 net for both.
In a short marriage of 2 years with income disparities in Rijswijk, the impact is minimal. But after long periods (20+ years), it can make a difference of thousands of euros per year. Without equalization, the caregiving partner in Rijswijk Municipality would be significantly disadvantaged.
| Situation | With Equalization | Without Equalization |
|---|---|---|
| High earner / Caregiving partner in Rijswijk | Both receive 50% of marital share | Caregiving partner misses out on benefits |
| Short marriage | Limited adjustment | No change |
| Long marriage | Significant balancing | Major inequality |
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