If you are no longer living together, there will be consequences for the partner’s pension. Regardless of whether you have a cohabitation contract. Your former partner may be legally entitled to the partner’s pension. That is, unless you wish to make different arrangements. Your options are explained below.
Making arrangements about your pension
A divorce or similar agreement contains the agreements you make, for example, about your possessions. In this document, you can also record all the arrangements for your partner's pension. If you do not record anything, the standard rules will apply. The two of you can make other arrangements. It is important that you record your choices together. You should send us a copy of this document, preferably before it becomes final. We can then see immediately whether your wishes and arrangements are possible. More information on the rights of your former partner is given below.
Special partner's pension
Under the standard rules, your former partner will usually remain entitled to the partner's pension. After a divorce, end of unmarried cohabitation or end of a registered partnership, this pension is called a special partner's pension. Your former partner will receive this when you pass away. Usually, you will also be entitled to the accrued partner's pension from your former partner's scheme.
Report the divorce to us
Were you living together unmarried? Then you must inform us of your divorce. This is because in these cases, we do not receive information through the municipality where you live.
Do you waive the right to special partner's pension?
Do you and your former partner want to waive the right to a special partner's pension? You usually record this agreement in the divorce covenant or another agreement. Send this document to us using the button below. Have you not agreed on the special partner's pension in the divorce covenant or another agreement? Then complete the 'Special partner's pension waiver form' together. And then send the waiver statement to us.
When to waive the right to special partner's pension
There are thus advantages and disadvantages if your former partner waives their right to a special partner’s pension. Whether this is right for you and your former partner depends on what is important to both of you and your personal situation. And the options you have in your pension scheme. Therefore, first check in MijnZwitserleven whether you have insured a partner's pension. The overview below lists some of the situations in which it may be advisable for your former partner to waive the right to a special partner's pension.
Pros
- If you get a new partner, they will be entitled to the full partner’s pension.
- You can convert the partner's pension into an old-age pension on your retirement date.
Cons
- You and your former partner must both agree that your former partner waives the special partner's pension.
- Your former partner will not receive a special partner's pension if you pass away; this may cause anxiety. Especially if your former partner is dependent on alimony. Payment of alimony will cease if you pass away.
May suit you if:
- Your former partner has sufficient income of their own and does not want to depend on the income from your pension.
- Your former partner has or is accruing a good pension of their own.
- Your former partner has other resources, such as savings.
- You have other assets that you can divide with your former partner, and thus compensate for the special partner’s pension.
- If your former partner has other income that will be reduced by the special partner's pension, such as a benefit or allowances.
- Your former partner has a short life expectancy.
Probably suits you less if:
- Your former partner has insufficient income themselves and depends on income from your pension.
- Your former partner is not accruing a pension or is accruing less pension.
- There are no other resources, such as savings.
Old-age pension
Under the standard rules, your former partner is entitled to half of the old-age pension you accrued during your marriage or registered partnership. This is known as 'equalisation'. The division of old-age pension is laid down in the Dutch Equalisation of Pension Rights in the Event of a Divorce Act (WVPS). Of course, you are also entitled to half of your former partner's old-age pension.
Need advice on your choices?
We are happy to help you make choices for your pension. These choices may have major financial implications. Our guidance covers only your pension scheme with Zwitserleven. Whether a choice is right for you obviously depends on your whole personal situation, now and in the future.
Perhaps you should consider contacting an adviser, who can give you an overview of all your financial affairs and help you to make the most suitable choices.