Old-age Pension upon Divorce in Amsterdam

Old-age Pension upon Divorce in Amsterdam

Upon divorce through the Amsterdam District Court, the accrued old-age pension is typically divided equally between ex-partners. This process, known as pension equalisation, ensures that both parties have a claim to half of the pension built up during the marriage or partnership. Amsterdam residents can seek personal advice in the article on pension equalisation upon divorce or at the Amsterdam Legal Aid Office.

What does old-age pension mean for Amsterdam residents?

Old-age pension is the periodic benefit paid upon retirement, often starting at state pension age, accrued through pension funds, insurers or PPIs via employers in Amsterdam, such as the Municipality of Amsterdam or local businesses. Over 90% of workers in the Netherlands, including Amsterdam, build this up. Upon divorce, it qualifies as joint assets for division, unless otherwise agreed.

Unlike survivors' pension (for survivors upon death) or orphans' pension, equalisation primarily applies to old-age and partner pensions.

Legal basis for division in Amsterdam

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

• Dutch Civil Code Book 1, art. 1:119-1:157: Standard pension equalisation for divorces at the Amsterdam District Court.
• Pensions Act, art. 37 et seq.: Requires pension administrators to implement it.
• Pension Equalisation Act (Bulletin of Acts and Decrees 2000, 418): Division into 'own share' and 'equalisation share' by fund managers.

From 2023, the Future Pensions Act changes fund structures, but equalisation remains the default unless specified otherwise in a notarial settlement agreement.

Step-by-step division of old-age pension in Amsterdam divorces

The pension administrator processes the claim and divides as follows:

1. Determine the period: Only pension from marriage or partnership years counts; for cohabitants before 2001 or by agreement.
2. : Ex-partner receives half of the marital pension as the 'equalisation share'.
3. Apply conversion: Ex-partner gains their own benefit entitlement from retirement age as a definitive claim.
4. Processing: Within 6 months of the Amsterdam District Court divorce judgment, a 'pension overview upon divorce' (POBS) follows; settlement within 2 years.

For marriages >2 years: full equalisation; shorter: graduated scheme.

Practical examples from Amsterdam

Example 1: Amsterdam resident Jan (55) and Marieke (52) divorce after 15 years at the Amsterdam District Court. Jan's pension: €500 gross, marital share €300. Marieke claims €150 monthly from her state pension age. Jan retains €350.

Example 2: Lisa and Tom, cohabiting for 10 years in Amsterdam's Jordaan, divorce. No automatic equalisation, but possible via settlement agreement.

Example 3: With value transfer, ex-partner pension is bought out, e.g., with home equity in Amsterdam.

Rights and obligations regarding divorce pension in Amsterdam

Rights:

• Automatic processing by fund after Amsterdam District Court judgment.
• Access and correction of POBS.
• Deviation via settlement agreement: offset, transfer or waiver.

Obligations:

• Report divorce to fund via lawyer/notary.
• Check POBS within 3 months at Amsterdam Legal Aid Office.
• Notarial settlement agreement for deviations.

Comparison: Old-age Pension vs. Other Pensions

Frequently Asked Questions for Amsterdam Residents