Pension and divorce
In cases of divorce pension mostly an underexposed asset
is. Legally 2 matters have been regulated concerning the
partitioning of pension at divorce first of all the surviving
dependant's pension. In a pension scheme both a benefit at old
age (frequently 65 years) and a benefit are frequently promised at
unexpected death of pensionable. In case of divorce the
surviving dependant's pension until then built is allocated entirely
to (ex)-echtgeno (the o)t (e). If wished is possible of this are
deviated. This must be fixed however exclusively in writing,
with explicit reference to the provisions on the particular widow's
pension a Second (and frequently more important) component is the
retirement benefit (the benefits as from pension age). For the
partitioning of these pension type by 1 June 1995 the law Verevening
pension entitlements has become effective at separation. These
are related exclusively to the benefits at old age and therefore not
to the surviving dependant's pension. If nothing is agreed
derogatory regulates the said law which during the marriage the built
retirement benefit is divided at helfte. This applies
irrespective of the chosen regimeregime goods regime in the event that
the man has built pension and the woman does not obtain (or the other
way around) the woman a conditional right to retirement benefit.
This implies that if the woman would come die after the divorce
it flows back to its allocated retirement benefit to the man of the
law can be deviated in for example the echtscheidingsconvenant.
Each other partitioning is possible, subject to these but in
writing it has been fixed and both parties agree. Certainly in
case of working couple a derogatory partitioning (for example no
partitioning so that both their own pension to preserve) is possible
is needed. Although this is well possible, this must be fixed
explicitly. The practice indicates however from that the this
still long not always case is, with all nasty impact of serves when
appropriate can it advisable be and form an other one carefully and in
consultation between an expert.
Source "pension and divorce": General
Head index page of "pension and divorce"
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