Advice on pension rights adjustment
The pension rights adjustment divides the pension entitlements acquired during the marriage between the spouses. Its effects are often felt only decades later, but it is of great importance for financial security in old age. We review the information provided by pension providers and advise you on the options available.
The key points at a glance
Principle of equal division
Under the Pension Rights Adjustment Act (VersAusglG), the entitlements acquired during the marriage are each divided equally between the spouses. This covers, in particular, statutory pension insurance, civil service pensions, professional pension schemes and occupational and private pension provision.
Marriage period and proceedings
The marriage period begins on the first day of the month in which the marriage took place and ends on the last day of the month before service of the divorce petition. The family court generally carries out the pension rights adjustment of its own motion in the divorce proceedings and obtains information from the pension providers. Where the marriage lasted up to three years, it takes place only on application.
Types of division
The standard approach is internal division, whereby the entitled spouse receives an entitlement of their own with the same pension provider. In certain cases, external division takes place with another pension provider. Where the values to be equalised are small, no adjustment is to be made.
Agreements
Spouses may regulate or exclude the pension rights adjustment in whole or in part by agreement. Such agreements made before the decision becomes final must be notarised or recorded by the court and are subject to judicial review of their content.
How we proceed
We obtain an overview of all pension entitlements of both spouses and make sure that none are overlooked.
We check the information from the pension providers obtained by the court for completeness and plausibility and explain its significance to you.
We advise you on whether an agreement makes sense, taking into account interactions with maintenance and the equalisation of accrued gains.
Frequently asked questions
Can the pension rights adjustment be changed later?
Under certain conditions, yes – for example where the value of individual entitlements changes significantly after the decision. The law also provides for adjustments, for instance if the entitled spouse dies or for reasons relating to maintenance.
Is it advisable to exclude the pension rights adjustment?
That depends on the individual case, for example on whether both spouses have made comparable provision for retirement. An exclusion can put one spouse at a considerable disadvantage and therefore requires careful examination.
Your contact
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