Separation
If you are getting separated, you and your ex-partner have a lot to arrange. For example, custody of the children, but also about the division of the house, the household effects and savings. In addition, pensions are an important topic for you both to consider. Below you can read what you should look out for.
Distribution of the old-age pension
Do you and/or your partner accrue a pension? Then you must divide the old-age pension if you separate. Each ex-partner is entitled to half of the accrued old-age pension that was accrued during the marriage or registered partnership. This is called settlement and is governed by law. Do you want the pension to be automatically paid out to your partner in the future?
Then complete the notification form within two years after the divorce and send it to your pension provider. The form can be found here.
Good to know:
If you only cohabited with your ex-partner, you are not automatically entitled to part of the old-age pension. You must make agreements about this yourself. Ask your pension provider for more information.
What if your ex-partner dies? Then the part of your pension that was actually for your ex-partner is paid out to you.
Right to a partner’s pension
In addition to old-age pension, a partner’s pension is also often accrued. If you die, the partner's pension that has been accrued up to the separation will go entirely to your ex-partner. And vice versa. He or she must usually be registered as a partner with the pension provider. Your ex-partner may also decide to waive his or her part of the partner's pension. However, you do have to pass this on to your pension provider.
Please note: have you got a new partner? Then the partner's pension for that partner may be lower than you expect, because a part of the partner's pension goes to your ex-partner.
Making other arrangements
During or shortly after the divorce, you can make other arrangements with your ex-partner about the distribution of the pension. This applies to both the old-age pension and the partner's pension. You record these agreements in a divorce settlement. You must also report these agreements to your pension provider within two years after the divorce. Would you like to know more about making agreements and equalisation in case of divorce? Then watch this animated video.
Separation and the AOW
Everyone who lives or works in the Netherlands automatically accrues AOW. This entitlement to an AOW pension is personal and you never have to divide it if you separate. Do you separate while you already receive AOW? Then you will receive a higher AOW pension as a single person. If you would like to know more about this, please visit the website of the SVB.
Would you like to know more about the consequences of getting separated? And what exactly you need to arrange when you do? Please contact your pension provider(s).
