Divorce — key topics
Pension Equalisation in a Divorce
Pension equalisation is often underestimated, yet financially significant – above all for the spouse with smaller entitlements of their own, for example after years of childcare or part-time work. What was built up in retirement provision during the marriage is shared. Those who are not careful here may give away substantial later pension claims.
The Essentials at a Glance
- The pension entitlements acquired during the marriage of both spouses are shared.
- This includes statutory, occupational and private provision and civil-service pensions.
- The court usually carries it out of its own motion – in principle split in half.
- It can be excluded or changed by notarised agreement.
- The providers' figures are often the biggest time factor of the divorce.
- Not your whole pension is shared, only the part built up during the marriage.
What Is Equalised?
What is equalised are the pension entitlements acquired during the marriage by both spouses – from the statutory pension, but also occupational and private provision and civil-service pensions. The relevant marriage period runs from the month of the wedding to the end of the month before the petition is served.
Not the whole pension account is shared, only the part built up during the marriage. This is meant to balance the fact that one partner – for example because of childcare – was often able to build up less provision of their own.
How Does It Work?
The family court usually carries out pension equalisation of its own motion as part of the divorce. The entitlements are in principle split in half and shared internally with each provider – so each spouse gets their own claim with the same provider. Both spouses complete forms, and the court obtains figures from all providers. Only once these are in can the divorce, with the pension equalisation, be decided.
Why It Often Lengthens the Proceedings
The most common reason a divorce drags on is the pension equalisation: the providers' figures take time, sometimes several months, especially where occupational or private entitlements or several providers are involved. Those who give complete information early speed the process up noticeably. We help you assemble the documents quickly and correctly.
Weiter Horizont · Meer
An agreement settled early gives both of you a clear, secure view of retirement.
Excluding or Changing It
Pension equalisation can be excluded or adjusted by marital agreement or contract – but only within limits and subject to court review, because it protects retirement provision. This can make sense, for example, where both are similarly well provided for or where other assets are transferred in return. Such an agreement generally requires notarisation.
Short Marriage, Death and Cross-Border
In a very short marriage (up to three years) equalisation only takes place on application. Minor entitlements may be left out. If a spouse dies, special adjustment rules apply. Foreign entitlements often cannot be shared internally and require special treatment.
What to Watch For
Don't underestimate pension equalisation – for retirement provision it is often as important as maintenance is for daily life. Complete the information forms promptly and fully; that is the biggest lever to avoid lengthening the proceedings. Think of all entitlements, including occupational and private provision, which are easily overlooked. Check carefully before waiving equalisation or trading it for other assets: what looks attractive in the short term can prove costly in old age. And check the court's calculation – errors or missing entitlements happen and can be corrected.
How We Support You
We get a complete overview of both spouses' entitlements, watch for gaps (including occupational and private provision) and check whether an exclusion or adjustment is sensible – and even permissible – for you. We support you in completing the information forms quickly, check the court's calculation and step in if something is wrong, so that your retirement provision is treated fairly. Where foreign entitlements are involved, we ensure they receive the special treatment they require.
Frequently Asked Questions
Will my pension be halved?
No. Only the part of the entitlements built up during the marriage is shared, not your entire pension.
Do my occupational or private pensions count?
Yes, occupational and private provision are generally included.
Must pension equalisation happen?
As a rule the court does it automatically. It can only be excluded by a valid notarised agreement.
Why does it take so long?
Because figures from all pension providers have to be obtained – often the step that sets the timeline.
What applies to a short marriage?
In a marriage of up to three years, equalisation only takes place on application.
Do I get money straight away?
As a rule no. You receive your own pension entitlements, which pay out at retirement age – not an immediate payment.
Is it worth a lawyer's review despite the automatic procedure?
Yes. The court calculates on the basis of the figures submitted – missing or wrongly valued entitlements often go unnoticed without review.
Can we trade the equalisation for other assets?
Within limits, yes – for example as part of an overall agreement. But it must withstand the court's review.
What happens if my ex-partner retires early or dies?
There are adjustment rules that can protect your claims. We check what applies in your case.
Are minor entitlements always shared?
Not necessarily – entitlements of minor value can, in certain cases, be left out of the equalisation.
Do I have to attend a separate hearing for it?
No. It is decided as part of the divorce proceedings; a separate hearing is only needed in exceptional cases.
Your next step
Tell us about your situation
We listen, make sense of it and show you your options — confidential and on equal terms. Your enquiry is free and without obligation.