When couples divorce, it is important to consider what will happen to the pension that one or both partners accrued during the marriage or partnership. Since 1995, the Equalisation of Pension Rights in the Event of a Divorce Act (Wet verevening pensioenrechten bij scheiding) has stipulated the different options for old-age pensions. The basic rule is that each party has an equal right to one-half of the pension accrued during the marriage.
However, the marriage/partnership contract or the divorce contract as drawn up at the time of the divorce can diverge from this rule, for instance by means of conversion or the renunciation of an entitlement to equalisation. The Pensions Act (Pensioenwet) subsequently determines how divorce effects a partner’s pension rights. In principle, these rights are retained, unless agreed otherwise in writing at the time of the divorce.

Obviously, circumstances will be different in every situation. Our family law specialists can advise you and help you make the right choices and, in the event of a dispute concerning pensions, provide legal counsel or mediation. If your divorce took place before 1 July 1995 and no pension arrangements were made, or if they were and you would like to know how you will be affected, our family & relationships team would be happy to advise you.