Old-Age Pension upon Divorce in Rotterdam

Old-Age Pension upon Divorce in Rotterdam

In a divorce before the Rotterdam District Court, the accrued old-age pension is typically divided equally between ex-partners. This process, known as pension equalisation, ensures both parties have a claim to half of the pension built up during the marriage or partnership. Rotterdam residents can seek personal advice at the Juridisch Loket Rotterdam. For the basic rules, see our article on pension equalisation upon divorce.

What does old-age pension mean for Rotterdam residents?

Old-age pension is the monthly benefit paid upon retirement, typically starting at AOW age. Employees in Rotterdam, for example at port companies or the municipality, build this up through pension funds, insurers or PPIs. Over 90% of working Rotterdam residents participate. Upon divorce, it qualifies as joint assets and is divided, unless otherwise agreed.

Unlike survivor's pension (for survivors upon death) or orphan's pension, only old-age and partner pensions are subject to standard equalisation.

Legal rules for dividing old-age pension in Rotterdam

The division of old-age pension upon divorce is governed by the Pension Equalisation upon Divorce Act (Wet VPS) since 2000. Relevant laws include:

• Civil Code Book 1, art. 1:119-1:157: Pension equalisation as the standard in divorce proceedings before the Rotterdam District Court.
• Pension Act, art. 37 et seq.: Requires pension providers to implement the division.
• Wet VPS (Stb. 2000, 418): Division into 'own' and 'equalisation' portions by fund administrators.

From 2023, the Future Pensions Act changes fund structures, but equalisation remains the default unless specified otherwise in a notarial settlement agreement.

Step-by-Step Division of Old-Age Pension in Rotterdam Divorces

The pension administrator claims the participant's pension and divides it as follows:

1. Determine the period: Only the build-up during the marriage or partnership counts; for cohabitants before 2001 or via deed.
2. : Half of the marital build-up becomes an equalisation claim for the ex-partner.
3. Conversion: The ex-partner receives a permanent own entitlement from pension age (definitive claim).
4. Processing: Within 6 months of the Rotterdam District Court ruling, a 'pension overview upon divorce' (POBS) is issued. Division is finalised within 2 years.

For marriages >2 years: full equalisation; shorter: pro rata.

Rotterdam Examples

Example 1: Rotterdammer Ahmed (56, dockworker) and Fatima (53) divorce after 18 years. Ahmed's pension: €550 gross, marital portion €350. Fatima claims €175 monthly; Ahmed retains €375.

Example 2: Cohabiting Lisa and Bas (10 years, Rotterdam-South) divorce. No automatic equalisation, but possible via settlement agreement.

Example 3: With value transfer, the ex-partner pays out, e.g., using equity from Rotterdam property market.

Rights and Obligations in Pension Division in Rotterdam

Rights:

• Automatic processing by the fund after Rotterdam District Court ruling.
• Access and correction of POBS.
• Opt out via settlement agreement: offset, transfer or waiver.

Obligations:

• Report divorce to fund via lawyer/notary.
• Check POBS within 3 months.
• Notarial settlement agreement for deviations; seek advice at Juridisch Loket Rotterdam.

Comparison: Old-Age Pension vs. Other Pensions

Frequently Asked Questions about Pension upon Divorce in Rotterdam