Can I claim my ex-partner's pension rights after the divorce?
July 18, 2024 | 30,00 EUR | answered by Anna Richter
Dear divorce lawyer,
My name is Zofia Hentschel and I am currently in a difficult situation as my spouse and I have decided to get a divorce. We have been married for over 10 years and have built a lot together during that time, including retirement benefits. Now I am concerned about what will happen to my retirement benefits after the divorce.
During our marriage, my ex-partner invested significantly more in his retirement savings than I did, as he had a higher income. However, I contributed by taking care of the household and children, which meant I was able to invest less in my own retirement savings.
Now I am wondering if I have a claim to a portion of my ex-partner's retirement benefits after the divorce. I want to make sure that I am financially secure in my old age and not solely reliant on my own retirement savings, which may be lower due to my lower contributions.
Could you please explain to me if I can claim my ex-partner's retirement benefits after the divorce and what steps I may need to take to do so? Are there any specific deadlines or requirements that I need to be aware of? I would greatly appreciate it if you could assist me in this matter.
Thank you in advance for your support.
Sincerely,
Zofia Hentschel
Dear Mrs. Hentschel,
Thank you for your inquiry regarding your pension entitlements after the divorce. It is understandable that you are concerned about how your financial situation will look like in old age, especially if your ex-partner has invested more in their pension during the marriage than you.
In Germany, there are regulations that allow divorced spouses to claim a portion of their ex-partner's pension entitlements. This is usually referred to as "Versorgungsausgleich". The purpose of Versorgungsausgleich is to fairly divide the pension entitlements acquired during the marriage so that both spouses are financially secure in old age.
To apply for Versorgungsausgleich, you must file a corresponding application with the court. This is done as part of the divorce proceedings. In this application, you must provide all relevant information about your ex-partner's pension entitlements. It will then be assessed whether an adjustment of the pension entitlements is necessary and to what extent it should be made.
It is important to note that Versorgungsausgleich only applies to pension entitlements acquired during the marriage. This means that pension entitlements acquired before the marriage or after the separation will not be included in the Versorgungsausgleich.
There are no specific deadlines that you must adhere to in order to apply for Versorgungsausgleich. However, it is advisable to do so as part of the divorce proceedings to ensure that your entitlements are taken into account. If you do not claim Versorgungsausgleich during the divorce proceedings, you also have the option to do so afterwards, but this may incur additional costs.
I recommend that you seek advice from a family law attorney to discuss your individual situation and correctly apply for Versorgungsausgleich. Your attorney will help you take all necessary steps and ensure that your pension entitlements are appropriately considered.
I hope that this information is helpful for you and wish you all the best for the future.
Best regards,
Anna Richter
Divorce lawyer
