Pension Equalisation for DGA's in Amsterdam: Practical Steps after Divorce
In Amsterdam, where many DGA's with their own BVs are established in dynamic sectors such as tech and finance, the old-age pension accrued during the marriage must be equalised after a divorce. According to the Pension Equalisation Act (Wet VPS) article 2, this is done via conversion into one's own pension entitlement or periodic compensation. For Amsterdam DGA's with pension in own management, this is extra complex due to the Old Age Reserve (FOR) and the proximity of Tax Authorities offices at Goudriaanplein. The first step is an actuarial calculation of the accrual during the marriage period, adjusted to local fiscal rules.
Parties in Amsterdam notify the equalisation to the pension administrator or the Amsterdam Tax Authorities. In the case of own management in the BV, the FOR reserve must be fiscally converted, which may trigger box 1 taxation. Local alternatives include buy-out or pro rata division via a notarial deed with an Amsterdam notary, as often used in business districts such as the Zuidas. Fiscal advice from Amsterdam firms such as Loyens & Loeff is essential to avoid double taxation. The ex-partner receives a claim on the pension fund, payable upon retirement. In the event of death, the Surviving Dependants Pension Act (Wet LBIO) applies to survivors' pension. Practical examples from Amsterdam family law cases show that notification within two years after divorce to the Amsterdam District Court prevents fines.
Important for Amsterdammers: in the event of matrimonial property arrangements with an exclusion clause, equalisation lapses, unless otherwise provided in a settlement agreement. In the case of BV transfers linked to pension, always consult a fiscalist specialised in the region, given the strict controls by the Amsterdam Tax Authorities.