The text "Versorgungsausgleich" translates to "pension equalization" in English.
July 26, 2009 | 20,00 EUR | answered by Andreas Scholz
I have been married to a Ghanaian woman since September 2006. In February 2009, I submitted a separation declaration to the civil registry office. Since then, my wife and I have been living separately in the apartment, each having our own room and taking care of ourselves. Will the pension equalization, which is due because I do not have a marriage contract, be calculated from the date of living separately or only from the period of marriage until the submission of the separation declaration?
Best regards,
R. Puls
Dear inquirer,
the duration of the pension equalization is calculated - if there is no prenuptial agreement - according to § 1587 para. 2 BGB. The period begins at the beginning of the month in which the marriage was concluded and ends at the end of the month preceding the month in which the divorce petition becomes legally effective. The divorce petition becomes legally effective when one of you is served with the divorce petition by the court.
Therefore, the declaration of separation is not relevant.
I hope this answers your question. If you have any further questions, please feel free to ask.
Kind regards,
Andreas Scholz, Esq.
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