Pension Equalisation for DGA's in Rotterdam: Practical Steps after Divorce
In Rotterdam, the vibrant port city full of entrepreneurial DGA's, the old-age pension accrued during the marriage must be equalised after a divorce. According to the Pension Equalisation Act (Wet VPS) article 2, this is done via conversion into one's own pension entitlement or periodic compensation. For Rotterdam DGA's with their own BV, often active in logistics or maritime sectors, this is extra complex due to the Old Age Reserve (FOR). The first step is an actuarial calculation of the accrual during the marriage period, taking into account local fiscal facilities and the dynamic economy of the Maasstad.
The parties notify the pension administrator or Tax Authorities of the equalisation. In own management within the BV, common in Rotterdam family businesses, the reserve must be converted, which may trigger taxation in box 1. Alternatives are buy-out or pro rata division via a notarial deed with a Rotterdam notary. Fiscal advice from regional specialists, such as at Erasmus University or local offices on the Coolsingel, is crucial to avoid double taxation. The ex-partner obtains a claim on the pension fund, payable upon retirement. In the event of death, the Surviving Dependants Pension Act (Wet LBIO) applies to survivors' pension. Practical examples from Rotterdam divorce cases show that timely notification within two years after divorce prevents fines, especially for port entrepreneurs with international pension schemes.
Important: in the event of matrimonial property arrangements with an exclusion clause, equalisation lapses, unless otherwise provided in a Rotterdam matrimonial deed. Always consult a fiscalist specialised in the region for BV transfers linked to pensions, taking into account the port regulations and local business culture.