Pensions and divorce

Pensions constitute a special subject in divorce. What happens to your pension after your divorce?

Do you retain the right to your own pension, or do you have to share this with your ex-partner? Can you make agreements yourself? GMW lawyers can answer these questions.

How is a pension divided?

In principle each partner has a right to half of the pension that was built up during their marriage if they divorce . The standard arrangement is that the pension insurer directly pays the other party what they are entitled to at the age of retirement. Different agreements can be made on the basis of mutual consultation. However, it is also possible to opt for conversion (division into two separate parts).

Does the right to pension for survivors continue to exist after divorce?

The pension for survivors is usually non-contributory, so that when one partner dies, the other receives a special survivor pension. If this was built up on the basis of risk, there is no right to a special survivor’s pension after a divorce. Not only does the alimony lapse in the case of death, but there is no right to a survivor’s pension either.

Exceptional situations

There are special rules for entrepreneurs who have built up a pension under their own management. In that case a dispute may arise with the other party about the obligation to wholly or partly pay the pension to a bank or insurance company because there in insufficient liquidity or the company would be jeopardised if the money were removed from the business. There are also often special rules for internationals. Foreign insurance companies are not bound by Dutch law. This means that they are not obliged to pay the partner of the party entitled to the pension directly.

More information

GMW lawyers will be happy to help you with all your pension-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension lawyers will be happy to support and advise you.

Lawyers

Amber Willemsen

Prof. Hans van Meerten

Koen Vermeulen

Roos van Zaltbommel

All lawyers

Looking for a pension law lawyer in The Hague?

GMW lawyers will be happy to help you with all your pension law issues. Please feel free to contact us if you have any legal questions.

"*" indicates required fields

17 November 2023

Bring your pensions abroad! New EU Court cases!

Many employees who want to move to another EU member State want to bring their pensions with them. Even a lump sum should be possible.

16 October 2023

Personal notice to each policyholder?

The Court of Rotterdam delivered a judgment with potentially very far-reaching implications for the value transfer of participants' pensions.

7 June 2023

The new pension agreement: still not a done deal

There is a long history of plans for a new pension system. We can even go back to the 1990s when it was said at a pension meeting that ‘friend and foe’ agree that the system needs reform.

25 January 2023

What is the Early Retirement Scheme (RVU)?

The retirement age is getting higher and higher, forcing people to work longer and longer.

15 September 2022

Black Swans: Pension sector, say you’re sorry

The TV documentary series “Zwarte Zwanen (Black Swans)” broadcast two episodes about the world of pensions this summer.

10 August 2022

Continue working after retirement and payment of maintenance?

As a divorce lawyer, I frequently get asked whether partner maintenance needs to be paid even after retirement.

23 May 2022

Pan European Pension Product (PEPP)

In March 2022, a new European pension solution will come into effect: the Pan European Pension Product, abbreviated as PEPP.

29 July 2020

Pension litigation

Last week, Stichting PensioenBehoud and seniors association KBO-Brabant published a news item on their ongoing lawsuit against the Dutch State about retaining pensions.

19 May 2020

Dormant employment and retirement

Employers do not always dismiss employees who have been ill for more than two years, for example because they expect the person will recover or be able to perform suitable work within a short time.