A divorce or termination of a registered partnership has consequences for your pension. Your ex-partner will be entitled to the partner’s pension and half of the old-age pension. Unless you want to make different arrangements. Read what you need to do below.
Making arrangements about your pension
A divorce agreement contains the agreements you made, for example, about your possessions. It may also include any agreements made about your pension, which consists of the old-age pension and the partner’s pension. You can also agree to make arrangements to apportion this differently. Or you may not want to apportion it at all. It is important to specifically set this out in the divorce agreement. We would like to receive a copy of the divorce agreement. It will allow us to make the necessary arrangements for your pension straight away. You can read about the rights of your ex-partner below in this document.
Your ex-partner is entitled to half of the old-age pension you accrued during your marriage or registered partnership. This is the standard apportionment. It is laid down in the Dutch Equalisation of Pension Rights in the Event of a Divorce Act (WVPS).
What do you have to do?
Within 2 years of your divorce or the termination of your registered partnership, you must inform us of the agreements you and your ex-partner have made about the apportionment of your old-age pension. Even if you have not made any agreements about the apportionment, it is important that you let us know.
What if you let us know about the apportionment at a later date, or not at all? In that case we will not apportion the old-age pension for you. This means you yourself will have to pay your ex-partner the old-age pension to which he or she is entitled. This can be quite difficult. That’s why it is recommended to make the necessary arrangements in time.
No or different apportionment
You could also agree not to apportion the old-age pension at all. In that case, you will simply retain full entitlement to your own old-age pension. Alternatively, you could agree on a different apportionment. For example 60% for your ex-partner and 40% for you. Or apportion the old-age pension you built up before you got married, but cohabited. You can choose to confer to your ex-partner an entitlement to his or her own pension. We call this conversion.
Make arrangements and request apportionment
In the ‘Notification form in connection with the apportionment of old-age pension in the event of divorce’ you set out the arrangements for the apportionment of your old-age pension. With this form you can apply to us for the apportionment of the old-age pension.
Special Partner's Pension
In the Dutch Pensions Act it has been agreed that an ex-partner is entitled to the partner’s pension accrued up to the divorce date. This is called special partner’s pension. The special partner’s pension is for your ex-partner upon your death.
Wat does Zwitserleven do?
We automatically apportion the special partner’s pension for your ex-partner. You do not have to do anything. We will do this after we have been notified of your divorce or termination of your registered civil partnership via the Personal Records Database (BRP).
What do you have to do?
Do you and your ex-partner wish to waive the right to a special partner’s pension? This is usually agreed on in the divorce agreement, after which you notify us of the arrangement. You haven’t made arrangements for this in the divorce agreement? In that case, fill in the form ‘Waiver of special partner's pension’ together with your ex-partner.