Can my ex-partner and I demand that the pension provider cancel the equalization?


Questioner

I got divorced in 2008. The divorce agreement states that our pensions will be settled and pension institutions have been informed about this. I will retire in 8 months and both my ex-partner and I received letters about this from the pension providers (ABP and Nationale Nederlanden). Two weeks ago my ex-partner suggested that we both waive settlement and inform the pension providers. I thought it was a good proposal and contacted ABP and Nationale Nederlanden. ABP indicated that a statement signed by both of us was sufficient to reverse the settlement. However, Nationale Nederlanden (in the second instance) indicated that agreements made in the divorce agreement cannot be reversed. So conflicting positions. Can you tell me which of them is right, and if reversing settlement is indeed 'a right' by agreement between partners, how this can be arranged at Nationale Nederlanden? Thanks.

Lawyer

What is decisive here is what exactly the policy conditions are of the relevant pension policies. You are then bound by the content thereof. I also advise you to contact a pension specialist, who can help you further with this. Please note that a change in the division of pension results in a disadvantage for one of you. An expert can calculate how big this disadvantage is based on age and life expectancy. You must also choose this change together: this cannot be done unilaterally by one of you.

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