Ask a lawyer on the topic of Other questions to lawyers

pension payment

October 19, 2011 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

I went into early retirement 18 years ago. I got divorced in 1981. My ex-wife remarried in 1983 and is now working full-time. Approximately 250€ are deducted from my pension and paid into my ex-wife's pension fund. Do I still have to pay since she is married again and working full-time, and can I reclaim any of the contributions that have been paid in?

Dr. Dr. Danjel-Philippe Newerla

Dear Seeker,

Thank you for your inquiry. I would like to answer it as follows:

Unfortunately, you do not specify why part of your pension is being deducted here.

I strongly assume that a so-called pension equalization (equalization of pension points acquired during the marriage) has been carried out as part of the divorce proceedings. If this is not the case, please provide a corresponding indication.

If the pension equalization has been carried out, the reduction of your pension is unfortunately lawful, and even a new marriage or a new income from your former spouse would not have any effect on this.

This is the principle. Regarding the specific amount of the deductions (i.e. whether the pension equalization has been correctly calculated in the context of the divorce proceedings), I cannot provide a conclusive answer in an initial consultation and especially without knowledge of all the numbers.

I hope to have provided you with a first legal orientation and wish you success and all the best!

I would like to finally point out the following:

The legal information I have provided is based solely on the facts you have provided. My response is only a first legal assessment of the situation, which cannot replace a comprehensive review of the facts. Adding or omitting relevant information can result in a completely different legal assessment.

I hope that my explanations have helped you. You are welcome to contact me through the follow-up option.

I wish you a pleasant Wednesday evening!

Kind regards from the North Sea coast,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney