Old-Age Pension upon Divorce in Den Haag
In a divorce through the Rechtbank Den Haag, the accrued old-age pension is typically divided equally between ex-partners. This mechanism, known as pension equalisation, ensures both parties have a claim to half of the pension built up during the marriage or partnership. Residents of Den Haag can seek personal advice from the Juridisch Loket Den Haag. For the basic rules, see our article on pension equalisation upon divorce.
What is old-age pension?
Old-age pension refers to the periodic payments upon retirement, typically starting at state pension age. This is accrued through your employer via a pension fund, insurer, or premium pension institution (PPI). In the Netherlands, around 90% of workers participate. In a divorce in Den Haag, it is treated as joint assets for division, unless otherwise specified in a settlement agreement.
Unlike survivor's pension (for survivors after death) or orphan's pension, only old-age pension and partner pension are standardly subject to equalisation.
Legal basis for division in Den Haag
The settlement of old-age pension upon divorce is governed by the Pension Equalisation upon Divorce Act (Wet VPS) since 2000. Key provisions include:
- Dutch Civil Code Book 1, art. 1:119-1:157: Pension equalisation as the default upon dissolution of marriage by Rechtbank Den Haag.
- Pension Act, art. 37 et seq.: Obligation for administrators to implement.
- Wet VPS (Stb. 2000, 418): Pension fund divides into 'own' and 'equalisation' portions.
From 2023, the Future Pensions Act reforms fund structures, but equalisation remains the default unless partners agree otherwise in a notarial settlement agreement. The Gemeente Den Haag updates civil registry records following the judgment.
How does pension division work in divorce in Den Haag?
The pension administrator claims the pension from the participant (often the primary earner) and divides it as follows:
- Determine the period: Only the build-up during the marriage or partnership counts; for cohabitants before 2001 or by agreement.
- Allocate half the value: Half of the marital pension becomes the ex-partner's equalisation portion.
- Conversion: The ex-partner receives their own payout entitlement from pension age (definitive entitlement).
- Processing: Within 6 months of the Rechtbank Den Haag divorce judgment, a 'pension overview upon divorce' (POBS) is issued; full settlement within 2 years.
For marriages longer than 2 years, full equalisation applies; shorter marriages use a pro-rata scale.
Real-world cases from Den Haag
Case 1: Pieter (56) and Laura (53) from Den Haag divorce after 14 years. Pieter's pension: €550 gross monthly. Marital portion: €320; Laura claims €160 monthly. Pieter retains €390.
Case 2: Cohabiting Eva and Mark (10 years) without marriage: no automatic equalisation, but possible via settlement agreement.
Case 3: With value transfer, the ex-partner pays it off, e.g., using equity from a Den Haag property.
Rights and obligations in pension division
Rights:
- Automatic processing by the fund after the Rechtbank Den Haag judgment.
- Right to review and correct the POBS.
- Options to deviate: offsetting, transfer, or waiver via settlement agreement.
Obligations:
- Report the divorce to the fund via lawyer or notary.
- Review the POBS within 3 months.
- Notarial settlement agreement for any deviations; consult the Juridisch Loket Den Haag for assistance.
Comparison of pension types upon divorce
| Pension type | Equalisation? | Build-up period | Conversion? |
|---|---|---|---|
| Old-age pension | Yes, standard | Marriage/partnership | Yes (definitive) |
| Partner pension | Yes, half | Marriage/partnership | No, often with participant |
| Survivor's pension | No | Individual | - |
| AOW | No (state) | No division | - |
Frequently Asked Questions
Is old-age pension always split in divorce in Den Haag?
No, only the marital portion. Waiver possible via notarial settlement agreement, e.g., for unequal build-up. Specify explicitly; check with Juridisch Loket Den Haag.
No own pension built up?
You can still claim half of your ex's pension. The fund handles it automatically; verify the POBS.
Trade pension for maintenance in Den Haag?
Yes, offset via settlement agreement, e.g., pension against spousal maintenance. Have it reviewed by an expert in the Rechtbank Den Haag region.