Old-age Pension in Divorce in Delft

Old-age Pension in Divorce in Delft

For residents of Delft who are divorcing, the accrued old-age pension is usually divided equally between ex-partners. This mechanism, known as pension equalisation, ensures that both parties have a claim to half of the pension built up during the marriage or partnership. Divorces in Delft fall under the District Court of The Hague. For more details on the basic rules, see our article on pension equalisation in divorce. Residents of Delft can obtain free advice from the Juridisch Loket Delft.

What is old-age pension?

The old-age pension is the periodic benefit paid upon retirement, often starting at state pension age. This is built up through your employer via a pension fund, insurer, or premium pension institution (PPI). In the Netherlands, around 90% of workers participate. Upon divorce, it qualifies as joint assets to be divided, unless otherwise agreed. In Delft, with its many knowledge workers at the TU, this is relevant for many couples.

Old-age pension does not include other types such as survivors' pension (for survivors upon death) or orphans' pension. By default, equalisation applies only to old-age and partner pensions.

Legal basis for division in Delft

The handling of old-age pension in divorce is governed by the Pension Equalisation upon Divorce Act (Wet VPS) of 2000. Key provisions include:

• Dutch Civil Code Book 1, art. 1:119-1:157: Pension equalisation as the standard in divorce.
• Pensions Act, art. 37 et seq.: Obligation for pension providers to execute.
• Pension Equalisation upon Divorce Act (Bulletin of Acts and Decrees 2000, 418): Pension administrators split into 'own' and 'equalisation' portions.

From 2023, the Future Pensions Act changes the funds' structure, but equalisation remains the default. Exceptions require a notarial deed, to be filed with the Municipality of Delft or the District Court of The Hague.

How does pension division work in divorce?

Upon divorce, the pension administrator claims the participant's pension (often the main earner) and splits it as follows:

1. Determine period: Only the buildup during the marriage or partnership counts. For cohabitants in Delft, this applies to long-term partnerships or explicit agreements.
2. Allocate half: Half of the marital buildup becomes the equalisation portion for the ex-partner.
3. Conversion: The ex-partner receives their own entitlement from pension age, as a final claim.
4. Processing: Within 6 months of the divorce judgment from the District Court of The Hague, a 'pension overview upon divorce' (POBS) follows. Division must be finalised within 2 years.

For marriages shorter than 2 years, a graduated scale applies; longer marriages require full equalisation.

Practical examples for residents of Delft

Example 1: Pieter (55, TU employee) and Sophie (52) divorce after 15 years in Delft. Pieter's pension: €500 gross. Marital portion: €300. Sophie claims €150 monthly. Pieter retains €350.

Example 2: Anna and Mark cohabited for 10 years in Delft without marriage. No automatic equalisation, but possible via deed.

Example 3: With value transfer, the ex-partner pays out the pension right, e.g., using equity from the Delft housing market.

Rights and obligations in divorce

Rights:

• Automatic handling by the pension fund.
• Access and correction of POBS.
• Opting out via deed: offset, transfer, or waiver. Assistance via Juridisch Loket Delft.

Obligations:

• Report divorce via lawyer/notary to the District Court of The Hague.
• Check POBS within 3 months.
• Notarial deed for deviations.

Comparison of pension types

Frequently asked questions for Delft