In brief
Pension in Divorce
In a divorce, or when you separate, not only emotional but also financial consequences play a role. One of the most important is the pension. Many people do not know that the accrued pension is also divided in case of divorce.
According to the Pension Rights Equalization Act in Divorce (WVPS), everyone is entitled to half of the old-age pension accrued during the marriage or registered partnership of the other. A careful arrangement prevents financial problems later and provides peace about your future.
Right to Pension
Are you married or in a registered partnership? Then you and your ex-partner are both entitled to half of the old-age pension accrued during the marriage.
These rules apply to most forms of pensions executed by an employer or pension fund.
Note: pension accrued before the marriage is usually not included. Your ex-partner is therefore not entitled to your entire pension, but only to the part accrued during the marital period.
Dividing the Pension
The division can take place in two ways:
- Equalization – the accrued pension is divided. The pension provider pays out half to each upon retirement.
- Conversion – the ex-partner’s share is converted into an individual pension right, allowing you to remain financially independent of each other.
You can jointly record in the divorce or partnership agreement which method you choose. The chosen division must then be communicated to the pension provider within two years after the divorce; otherwise, the ex-partner may have to receive and pay the benefit themselves.
Special (Survivor’s) Pension
After the divorce, the ex-partner may be entitled to a special survivor’s pension (also known as special partner’s pension). This is the part of the partner’s pension accrued until the moment of divorce and is intended as a financial provision in the event of the other’s death.
It is advisable to check whether this right exists and whether you wish to waive it in the agreement.
Financial Consequences and AOW
A divorce often has significant financial impact. In addition to the old-age pension, the AOW also plays a role. Everyone who lives or works in the Netherlands accrues AOW; this benefit is not divided in case of divorce.
After the divorce, however, you receive the single AOW, which is higher than the married AOW. This difference can affect your financial situation after the divorce.
Arrange within Two Years
Do not forget to report the pension division within two years to the pension provider(s). If you do not, the parties must arrange payments among themselves. Timely reporting prevents administrative and financial complications.
Our Approach
A fair pension distribution requires knowledge and precision. Our lawyers guide you step by step:
- Inventory of pension rights – including foreign schemes.
- Determining applicable law – national or international.
- Advice on the best form of distribution – equalization, conversion, or alternative arrangement.
- Recording in the agreement – including notification to pension providers.
This ensures that everything is legally correct and your future is financially well arranged.
Why Simmelink Advocaten
- Specialist knowledge of pension distribution in divorce
- Experience with international pension funds and treaties
- Clear explanation in understandable language
- One dedicated lawyer and complete discretion
Frequently Asked Questions
Yes. If you were married or had a registered partnership, you are entitled to half of the old-age pension accrued during the marriage or partnership. This is called pension equalization and is laid down in the Pension Rights Equalization Act in Divorce (WVPS).
In equalization, the accrued pension is divided: the pension provider pays each ex-partner their share.
In conversion, the ex-partner receives an independent pension right, separate from the other’s pension. This offers more financial independence after the divorce.
Yes. Registered partners are subject to the same rules as married couples, unless otherwise agreed in the partnership terms.
The division must be reported to the pension provider within two years after the divorce. If this does not happen, payments must be arranged later between the parties, which can cause unnecessary complications.
After the divorce, an ex-partner may retain the right to the so-called special partner’s pension: the part accrued before the divorce. This provides financial security if the other dies.
Yes, but the rules vary by country. Often this depends on international treaties and applicable law. Our lawyers have extensive experience with cross-border pension distribution.
The AOW is not divided. After the divorce, however, you receive a single AOW, which is higher than the married AOW. This can positively affect your monthly income.
Yes. You can include alternative arrangements in the divorce agreement, for example about conversion or waiving pension rights. Always have these arrangements legally recorded to prevent problems.
If you are entitled to a special partner’s pension, you will receive a payment from the pension fund. If you have waived this right, that payment will lapse. Have this choice carefully checked before signing.
The distribution of pension rights is legally complex and often has significant financial consequences. A specialized lawyer ensures that the arrangements are clear, balanced, and correctly recorded – even with international or special pension schemes.
About this Page
This page is prepared by Mr. C. Simmelink, attorney (international) family law and inheritance law at Simmelink Advocaten.
With over 20 years of experience in (international) family law, she/he guides clients in the Netherlands and abroad with calm, clarity, and strategy.
