Consequences for retirement pension
If you divorce or end your partnership, this will have consequences for your pension.
Your former spouse or the person with whom you had a registered partnership is entitled to half of the retirement pension accrued during your marriage or registered partnership. It may also be that you have agreed a different division in your pre-nuptial or partnership agreement or divorce settlement. The division of retirement pension is known as equalisation. Both you and your former partner will be sent a statement of the retirement pension you will receive after divorce.
Retirement pension is also equalised in case of a legal separation. Equalisation is not applied in case of an unmarried cohabitation.
Your former partner will be entitled to payment of part of your retirement pension when your retirement pension comes into payment. The pension fund will pay this pension directly to your former partner. After your former partner dies, the pension fund will pay the whole retirement pension to you.
You can also agree that you and your former partner will both have a separate retirement pension. This is known as conversion of retirement pension. This will also concern special partner’s pension. In case of conversion, the equalised retirement pension for your former partner will come into payment when they reach 67 years of age (the standard retirement age). If your former partner dies, the equalised retirement pension will lapse. If you die before your former partner, your former partner will retain their equalised retirement pension. The special partner’s pension will already have lapsed as a result of the conversion.
An application for equalisation or conversion can be submitted to the pension fund within up to two years from the date of your divorce. The application form is available at www.rijksoverheid.nl or from your lawyer or civil-law notary.
Please note: the entitlement to part of retirement pension does not apply to unmarried cohabiting couples. Unmarried cohabiting couples must make and implement their own agreement regarding the division of pension.
Consequences for partner's pension
In the event of divorce, your former partner is (also) entitled to the partner’s pension accrued until the end of the marriage, registered partnership or collective household. The part of partner’s pension to which your former partner is entitled is known as special partner’s pension. If you die, your former partner will thus receive this special partner’s pension.
You and your former partner can also make other arrangements for this in your pre-nuptial or partnership conditions or your divorce settlement.
In case of conversion of retirement pension (see equalisation of retirement pension below), any special partner’s pension will be converted into retirement pension for your former partner. The special partner’s pension will then lapse.
Infographic divorce and your retirement
Divorce has consequences for your pension. When you separate, you must divide your pension. Which agreements do you record and what do you have to pass on to us and how? For this we have made an infographic. These can be found below.