Pension division in case of divorce: what to do?

Questioner

old age pension is legally halved in case of divorce, partner pension goes entirely to the partner in case of death of ex-partner. Now this can be settled with the old age pension, provided that both parties have reached an agreement about this. If this partner pension is not settled in old age pension later because one of the parties does not agree to this, this will result in an over-allocation. How can this over-allocation be included in the division of assets?

Lawyer

The equalisation of pension entitlements in the event of divorce is a legal right, but not an obligation. In the event of equalisation, half of the old-age pension built up during the marriage period is divided. The special survivor's pension is allocated to the ex-spouse over the entire accrual period, including the marriage period. This standard division can be deviated from, of course only with the consent of both partners. If no agreement is reached on a different division, then the right to the standard equalization exists. In this case, there is no question of over-allocation. If a different division is agreed, the value of the pension entitlement can be capitalised. Factors for this are included in the income tax law. These capitals can be taken into account in the asset division, taking into account a tax latency of 30%.