🏦 Pension rights equalisation (Versorgungsausgleich)
In brief
Pension rights equalisation ensures that both spouses benefit from the old-age and disability provision entitlements built up during the marriage – regardless of who acquired them (§ 1 VersAusglG). It covers, among other things, statutory pension entitlements, occupational pensions, private pension insurance and civil servant pensions. The family court carries out pension rights equalisation at the divorce ex officio, without you having to apply for it separately.
An important exception applies to short marriages: if the marriage lasted no more than three years, pension rights equalisation only takes place if a spouse expressly applies for it (§ 3 Abs. 3 VersAusglG). Spouses can also, by marriage contract, exclude pension rights equalisation in whole or in part under certain conditions.
Step by step
- Fill in the pension providers' formsThe family court sends both spouses forms on the entitlements acquired during the marriage, which are forwarded to the respective pension providers.
- Check the marriage periodThe marriage period relevant for equalisation begins on the first day of the month of the wedding and ends on the last day of the month before service of the divorce petition.
- In a short marriage, file an applicationIf the marriage lasted no more than three years, you must actively apply for pension rights equalisation, otherwise it does not take place.
- Wait for the pension providers' informationThe court evaluates the information received and decides on the division of the respective entitlements.
- Check the decisionPension rights equalisation is usually decided together with the divorce – check the decision for completeness of all entitlements.
Deadlines
- Do not conceal any pension entitlements – incomplete information can later lead to a modification of the pension rights equalisation.
- A contractual exclusion of pension rights equalisation is subject to judicial review of validity and exercise – it can be invalid if it unreasonably disadvantages a spouse.
- In marriages shorter than three years you must take action yourself: without an application you automatically lose any equalisation claim from this marriage period.
In depth · legal basis, figures and practice – for advisers and professionals
Basic principle: equal participation
Pension rights equalisation is based on the fundamental idea that both spouses jointly provided for old age during the marriage, regardless of who formally paid the contributions. Since the Pension Rights Equalisation Act (VersAusglG, in force since 1 September 2009) it is in principle divided internally: each entitlement is divided equally between the spouses directly at its respective pension provider (internal division, § 10 VersAusglG), instead of, as formerly, predominantly via the statutory pension insurance.
Exclusion in a short marriage (§ 3 Abs. 3 VersAusglG)
Where the marriage period is no more than three years, the court carries out pension rights equalisation only upon application of a spouse. The marriage period within the meaning of pension rights equalisation begins on the first day of the month of the wedding and ends on the last day of the month before service of the divorce petition (§ 3 Abs. 1 VersAusglG) – it is therefore usually shorter than the actual duration of separation and proceedings.
Contractual exclusion
Spouses can exclude pension rights equalisation in whole or in part by marriage contract or court settlement (§§ 6–8 VersAusglG). Such agreements are subject to judicial review of validity and exercise, in particular if they are concluded shortly before the divorce or unreasonably disadvantage a spouse.
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