What if my ex-partner claims my unequalised pension?

Questioner

I got divorced in 2015, but my own accrued pension was not settled at that time. Now my ex-partner is coming back to this and believes that he is entitled to half of the share that was built up during the marriage. We do not have a covenant, but there is a production in which it is described that it should be divided in halves. The judge did not say anything about this in the order because this was not the request of the opposing party. My question now is how to act?

Lawyer

The division of pensions in divorce is a complex issue that often leads to misunderstandings and disputes. According to the Pension Rights Equalization Act in the Event of Divorce (WVPS), ex-partners are entitled to a portion of each other's accrued pension during the marriage, unless this is explicitly excluded in the prenuptial agreement or a divorce settlement. You indicate that your ex-partner is now retracting the unequalized pension. Although there is no covenant, there seems to be a production in which it is described that the pension should be divided in half. This could possibly serve as evidence for your ex-partner's claim, but this is up to the judge to determine. As this is a complex legal situation, I would advise you to seek legal advice. A lawyer or attorney can help you further, for example to review the divorce decree or previous agreements or to clarify and record the current agreements. They can also help you to assess whether your ex-partner’s claim is valid and how best to respond to it. It is important to understand that this advice is based on general principles and there may be specific facts or circumstances that make your situation unique. This advice is not a substitute for the need for legal advice from a professional who is familiar with all aspects of your case.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response. Can we help you or refer you for free? Call us during office hours on 040 2350423