Implications for the partner’s pension In the event of divorce or the ending of a registered partnership, your ex-partner retains an entitlement to the partner’s pension accrued until the date of separation. This is also the case if you are cohabiting and have enrolled your partner with the Pension Fund. Special partner’s pension The pension to which your ex-partner is entitled is termed a special partner’s pension. It is deducted from the partner’s pension that your new partner, if you have one, would otherwise be entitled to. However, partners may exclude each other from the right to a special partner’s pension in a prenuptial or postnuptial agreement or a cohabitation agreement, or they may expressly agree to waive this right in a divorce settlement agreement. Am I required to notify the Pension Fund? When a marriage or registered partnership ends, the municipality automatically notifies the Pension Fund if you reside in the Netherlands. You are therefore not required to notify the Pension Fund. However, if you live abroad, you are required to notify the Pension Fund yourself in the event of your separation. If you are cohabiting with an enrolled partner, you are always required to notify the Pension Fund yourself in the event of your separation, regardless of whether you live in the Netherlands or elsewhere. A special form is available from this website to that end. The Pension Fund updates the data in the system. Both ex-partners then receive information from the Pension Fund regarding the entitlement to a special partner’s pension. Implications for the retirement pension In the case of divorce, judicial separation or termination of a registered partnership, the former partner is also entitled to payment of part of the retirement pension. |
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This is realized pursuant to the Pension Settlement (Divorce) Act (Wet verevening pensioenrechten bij scheiding). This is not the case if you are cohabiting with an enrolled partner and decide to separate. In that case, after the relationship has ended, the former partner is not entitled to payment of part of the retirement pension and no pension settlement is effected. Pension settlement The entitlement to payment for a former partner amounts to half of the retirement pension accrued during the period of the marriage or registered partnership. Partners may expressly agree in their prenuptial or postnuptial agreement or a divorce settlement agreement not to apply the Pension Settlement (Divorce) Act, or they may agree on a different distribution of assets. What should I do? If a pension settlement is to take effect, the Pension Fund will make direct payments of the settled retirement pension to both former partners from the retirement date. The Pension Fund must therefore have information on whether and how the retirement pension is to be distributed (settled). A statutory form is available to that end, which your ex-partner is required to complete and submit to the Pension Fund. Please contact the Pension Fund to request a copy of that form. Additional information
The Ministry of Justice has published a (Dutch only) brochure on this subject titled ‘Verdeling van ouderdomspensioen bij echtscheiding’ (Apportionment of retirement pension in the event of divorce). A copy of this document is available for you to download under 'Brochures'. You can also obtain the brochure and the form that your ex-partner is required by law to complete from most Civil-Law Notaries' and attorneys' offices. Or you can request a copy via public service information website 'Postbus 51'. |
