Pension Conversion upon Divorce in Den Haag
Upon divorce in Den Haag, pension conversion provides a way to convert a portion of one partner's pension into an independent pension for the ex-partner. This ensures the ex does not receive a payout dependent on the other's life expectancy, but instead builds their own pension pot. This is a commonly chosen option in divorce settlements at the Den Haag District Court.
What is pension conversion?
Pension conversion means that the pension fund or insurer converts a portion of the participant's old-age pension (often the partner with more pension) into an independent entitlement for the partner with less pension. After conversion, the ex-partner's pension is separate from the former partner. This applies to pensions accrued during the marriage or partnership in Den Haag.
Partners must consciously opt for conversion; it is not automatic. Otherwise, the default equalization applies, where the payout only begins upon the ex-partner's retirement and depends on their life expectancy.
Legal basis for pension conversion
Pension conversion is regulated in the Act on the Equalisation of Pension Rights upon Divorce (WPB Act), specifically Article 1(1) and Article 62 et seq. of the Pension Act. Since 2000 (divorces after 1 January 2001), residents of Den Haag can include this in a settlement at the Den Haag District Court.
- Article 1 WPB Act: Defines conversion as the conversion of pension entitlements.
- Article 80 WPB Act: Allows opting for conversion over equalization.
- Pension Act Article 62: Requires pension providers to execute conversion upon joint request.
For divorces before 2001, transitional rules apply under the Act on the Economic Position of the Spouse (WEVH), with limited conversion options.
Difference between conversion and equalization
For clarity, an overview:
| Aspect | Conversion | Equalization |
|---|---|---|
| Pension ownership | Ex gets own entitlement | Pension with participant, ex has claim |
| Payout | Fully independent | Linked to ex-partner |
| Life expectancy risk | No dependence on ex | Risk if ex dies early |
| Costs | One-time (0.5-2%) | No direct costs |
| Flexibility | Final, one-time | Possible deferral until retirement |
Conditions for conversion in Den Haag
Conversion is possible if:
- Both partners consent in writing via a settlement at the Den Haag District Court.
- The pension falls under the WPB Act (accrued during marriage).
- The provider supports it (almost always the case).
- There is a deed of division, prepared by a notary or lawyer.
The lawyer submits the deed to the fund, which acts within 6 months. The Den Haag District Court handles many divorces involving pension arrangements.
Rights and obligations in pension conversion
Rights
- Own pension, independent of ex-partner.
- No partner test required for payout.
- Protected against changes by ex (e.g., early surrender).
Obligations
- Full cooperation; otherwise equalization applies.
- Share costs (usually 50/50).
- Inform pension fund of relevant changes.
Practical cases from Den Haag
Case 1: Anna and Bert from Den Haag divorce after 20 years. Bert's pension: €500/month, Anna's €200. After conversion: Bert €350, Anna own €150. Anna receives her share from Bert's retirement onward, independently.
Case 2: Coen and Dana with funds at different providers. Dana's share becomes an own policy, ideal for remarriage and survivors' pension.
In Den Haag divorces via the Den Haag District Court, conversion suits unequal life expectancies or remarriage, but less so for equal pensions due to costs.
Tips for residents of Den Haag
- Pension calculation: Via the Juridisch Loket Den Haag or online tools. Compare net outcomes.
- Check partner pension: Conversion splits this; review separately.
- Specify in settlement: Clear percentage and term.
- Legal advice: The Juridisch Loket Den Haag offers free initial help with settlements. Get in touch.
- More info: Read about Pension Equalization, Survivors' Pension upon Divorce and Matrimonial Property Regime and Pension.
Frequently asked questions
Can I force conversion if my ex refuses?
No, both parties must agree. Refusal leads to equalization, enforceable via the Den Haag District Court, but not conversion.
What are the costs and who pays?
Costs 0.5-2% of the amount, often split equally. Check with your fund.