What happens to your pension after divorce depends on your situation.
The consequences of divorce may differ
Your situation determines what will happen to your pension after divorce.
- Were you maried or in a registered partnership?
- Did you live together unmarried?
You were married or in a registered partnership
Your ex-partner has a legal right to part of your pension
If you make no further arrangements, your ex partner is legally entitled to:
- half of the old-age pension you have accrued during the marriage or registered partnership, as well as
- the partner pension you have built up until the end of the marriage or registered partnership.
You and your ex partner can make different arrangements
You are not required to stick to the legal division. You are free to split the pension in any other way you agree upon.
- You can split your old-age pension differently. You can decide that your former partner gets his or her own pension. This is called conversion.
- Your ex-partner can choose to give up his or her right to partner pension.
You and your ex partner can choose in favour of conversion
You can also opt in favour of conversion. In that case, we replace the portion of your old-age pension and partner pension for your former partner with a personal pension for him or her. This pension is no longer linked to your pension, your pension date or your date of death. It is up to your former partner to choose when his or her pension starts. But when your ex partner dies, his or her part of the pension will not be returned to you. Upon your death, your former partner is no longer entitled to partner pension from you.
Do you choose to make your own arrangements about the division? Make them official
If you make your own arrangements about the division of your pension, you must officially register what you have agreed upon:
- in a prenuptial agreement when you get maried or
- in a notarized divorce agreement.
Tell us within 2 years how you wish to divide the pension
Inform us of your decision regarding the division within 2 years of your divorce with the notification form (in Dutch). We will ensure that your ex partner receives future payments. If you fail to notify us within 2 years, you have to make the payment arrangements yourself later on.
Additional partner pension insurance stops automatically
Did you take out additional partner pension (Anw gap pension) insurance? We will end it for you.
There is no need to notify us of your divorce in the Netherlands
We receive this information automatically from your municipality. Please do notify us if your divorce took place abroad.
You lived together unmarried
Your ex partner is entitled to partner pension
After separating, your ex partner:
- is entitled to the partner pension you have accrued until the end of the cohabitation. There is one condition: you had a cohabitation agreement or contract.
- does not have a legal claim to a part of your old-age pension. You and your ex partner can, however, agree upon a division together.
Do you choose to set aside partner pension for your ex partner? Make it official
If you want us to set aside partner pension for your ex partner, you need to make your own arrangements.
- Get a notarized document stating that you and your ex partner no longer live together.
- Send us this notarized document.