What impact does a divorce have on my pension entitlements?
December 7, 2023 | 50,00 EUR | answered by Christian Voigt
Dear lawyer,
My name is Max Schneider and I am facing a divorce from my wife. I am concerned about my pension rights and wonder what impact the divorce could have on them.
My wife and I have lived and worked together for many years. We have both paid into social security and I have relied on the fact that we could live off our pension rights together in old age. Now, as the divorce is imminent, I wonder if my pension rights could be reduced as a result.
I have heard that in a divorce, pension rights can be divided or reduced under certain circumstances. I am worried that after the divorce, I may not have the financial security I had hoped for in my retirement. Are there ways to protect or secure my pension rights, even after a divorce?
I would greatly appreciate it if you could provide me with information on the effects of divorce on my pension rights and suggest possible solutions to maintain my pension rights. Thank you in advance for your help.
Sincerely,
Max Schneider
Dear Mr. Schneider,
Thank you for your inquiry regarding the effects of a divorce on your pension claims. As a lawyer specializing in social security law, I understand your concern and will try to provide you with all relevant information.
In fact, a divorce can lead to changes in your pension claims. Generally, pension claims acquired during the marriage will be equalized as part of the so-called pension equalization in the event of a divorce. This means that the pension claims of both spouses will be partially divided to ensure a fair distribution of pension claims acquired during the marriage.
Pension equalization is usually done automatically by the family court as part of the divorce proceedings. The pension claims acquired during the marriage will be offset against each other and potentially equalized. This may result in your future pension payments being lower after the divorce than before.
However, there are ways to protect or secure your pension claims, even after a divorce. On the one hand, you can reach an agreement with your spouse regarding the pension equalization in a divorce settlement agreement and make alternative arrangements that are fair to both parties. On the other hand, you can consider whether it is advisable to make additional private provision for your retirement to compensate for possible losses in statutory pension claims.
It is advisable to consult with an experienced lawyer specializing in family law and social security law at an early stage to analyze your individual situation precisely and develop the best possible solutions for your pension situation after the divorce. I am available in my online office hours to further discuss your questions and find possible ways to protect your pension claims.
I hope that I have been able to help you with this information and am happy to assist with any further questions.
Best regards,
Christian Voigt, Lawyer specializing in social security law
