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Divorce or separation

If you are getting a divorce or separating, you must make arrangements about how to divide the pension accrued during the relationship. Legally, your ex-partner is entitled to half of your retirement pension. If you want a different division, you would be well-advised to visit your legal adviser to make a record of these arrangements.

What happens if you have not made any arrangements? 

Sometimes it’s hard to reach agreement with an ex-partner. If you do not record what you have agreed, the standard division will apply: legally, your ex-partner will be entitled to half of the retirement pension you have built up during your marriage or registered partnership. If a partner’s pension with benefit accrual is insured under your pension scheme, your ex-partner is also entitled to the partner’s pension accrued until the date in question. This is also the case if you have only cohabited with your partner and the relationship ends. Your ex-partner is then entitled to a special partner’s pension.

Once an agreement has been reached, what next?

Once you have reached agreement with your ex-partner about the division of your pension, you can take the following steps:

What if you die
  • If you die, this will affect the divided pension. If your ex-partner was entitled to part of your retirement pension, this will lapse. If your ex-partner is entitled to a special partner’s pension, this will become payable.

  • If your ex-partner dies, you will recover the part of your retirement pension to which your ex-partner was entitled after the divorce/separation. If you were entitled to part of your ex-partner’s retirement pension, this will lapse. However, you may possibly be entitled to special partner’s pension under your ex-partner’s pension scheme.
Remarrying or cohabiting with a new partner

If you remarry after divorce or start cohabiting with a new partner after separating from a former partner, this will not usually affect the existing pension arrangements. If you were entitled to part of your ex-partner’s retirement pension after the divorce or separation, this entitlement will continue to exist. The same applies to your right to special partner’s pension.

Partner’s pension of ex-partner and new partner

Your ex-partner may possibly retain entitlement to part of your retirement pension, if you die, he or she will get a special partner’s pension. Your new partner is entitled to the partner’s pension you accrue after the divorce or separation.

Service end

If you have a risk-based partner’s pension, your ex-partner and your new partner are assured of receiving part of the partner's pension as long as you remain in the service of your employer. If you leave service and you die before reaching the retirement date of the pension scheme, neither ex-partner nor your new partner have any further entitlement to partner’s pension.

Purchase of special partner’s pension

If you are an ex-partner and pension capital becomes available with which you must buy a special partner’s pension, find out how you can do this on the Purchase of a special partner’s pension page.

Any other questions?

If so, please contact your employer. Please feel free to contact us at any time. We are available by telephone on business days from 8.30 a.m. to 5:30 p.m. on +31 (0)30 257 42 66. Alternatively, you can complete the contact form. We are here to help.