What are the default rights after divorce?
After your relationship with your partner ends, by default, your ex-partner is entitled to a part of your pension. Of course you are also entitled to a part of the pension accrued by your ex-partner.
Below we will indicate what the standard division is, and then indicate your options. In this section of the website we discuss the options for retirement pension. Also read the section on the website – Partner’s pension after divorce – which contains the options for partner’s pension.
The standard rights depend on the type of (legal) relationship you had with your partner.
Divorce or termination of registered partnership
If you were married or had a registered partnership with your partner, your partner is entitled to the following pensions by default after a divorce:
- 50% of the retirement pension accrued during the relationship; and
- The partner’s pension accrued until the end of the relationship.
Your ex-partner is also entitled to the partner’s pension that you accrued before your relationship. This does not apply to the retirement pension.
End of living together
If you cohabited* with your partner on a long-term basis, your partner will be entitled to the partner’s pension accrued until the end of the relationship. In this case, your ex-partner is not entitled to part of the accrued retirement pension.
After the end of your relationship, you will receive a letter from us in which we inform you about the consequences for your pension with Zwitserleven. And we indicate which choices you and/or your ex-partner can make. We will also send the same letter to your ex-partner.
Please inform us about your possible choice within two years after the end of your relationship. After this period, your agreements will not be administrated by us.
Use the government form to communicate your choice: Notification form in connection with division of retirement pension in the event of divorce (only in Dutch)
What is dividing your retirement pension after a divorce?
If you were married or you had a registered partnership with your partner, your ex-partner is entitled to 50% of your retirement pension accrued during your relationship. If you do not make any further agreements and do not notify us, you will have to pay the pension benefit to your ex-partner from your retirement date yourself. To avoid this, you can do the following:
- 1. Arrange for your ex-partner to receive 50% of your retirement pension accrued during the relationship, from the insurer after your retirement date. This is also known as standard division or equalization.
You or your ex-partner can arrange a standard division without the consent of the other partner. Choices 2 through 4 – which are listed below – require both of you to agree. - 2. Agree that your ex-partner will receive another part of your retirement pension accrued during the relationship from the insurer after your retirement date.
- 3. Agree that your ex-partner will receive part of your accrued retirement pension from the insurer over a different period (that is not equal to the period of your relationship) after your retirement date.
- 4. Agree that you will not divide the retirement pension.
You can read more about the various options on the government website.
What is splitting your pension after a divorce?
Instead of dividing your pension, you can agree to split your pension. This is also known as conversion of pension. You then agree that the retirement pension AND the special partner’s pension to which your ex-partner is entitled will be converted into an own retirement pension for your ex-partner. This pension will be completely separated from your pension.
If you choose to split your pension, you and your ex-partner both have to agree to this. You can read more about splitting your pension on the government website.
Who is the dividing of your retirement pension after divorce intended for?
Dividing of retirement pension is intended for you if:
- You were married or had a registered partnership; and
- You and/or your ex-partner want to arrange for the retirement pension to be paid out directly to your ex-partner by the insurer after your retirement date; and
- You and your ex-partner maybe want to agree that your ex-partner will receive a different part of your retirement pension.
You are not entitled to divide retirement pension if you lived together permanently, but were not married or did not have a registered partnership.
Who is splitting your pension after a divorce intended for?
Splitting retirement pension is intended for you if:
- You were married or had a registered partnership; and
- You and/or your ex-partner want to agree that your ex-partner will receive an own pension.
Splitting retirement pension is not intended for you if you lived together permanently, but were not married or did not have a registered partnership.
When is dividing your retirement pension suitable?
There are advantages and disadvantages to dividing your retirement pension. Whether it suits you depends on your situation and what you find important.
We advise you to be well informed and to be advised.
Dividing your retirement pension after a divorce
Pros
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After your retirement date, your ex-partner will monthly receive a part of your retirement pension directly from the insurer (unless you have agreed on a different payment period). You do not have to do this payment yourself.
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If you pass away after your retirement date, your ex-partner will receive the partner’s pension from the insurer.
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If your ex-partner passes away, you are entitled to the full retirement pension.
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If your ex-partner passes away before your retirement date, the special partner’s pension will be converted into extra retirement pension for you.
Cons
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There is still a relationship with your ex-partner when the retirement pension will be paid out after your retirement date. Your ex-partner will only receive this pension when you retire.
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Your ex-partner depends on your choice when the retirement pension starts.
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Your ex-partner depends on your choice for a fixed or variable pension.
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Your ex-partner depends on your choice how the pension capital is invested.
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Your ex-partner cannot choose the insurer from which the pension will be purchased.
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If you pass away after your retirement date, the retirement pension payment to your ex-partner will stop.
Suitable
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If you do not want to make a choice about dividing your pension yourself, but want the standard dividing to be applied.
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If you want to receive your pension capital back if your ex-partner passes away before your retirement date.
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If you want your ex-partner to receive a benefit from your pension scheme if you pass away after your retirement date.
Not suitable
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If you do not want to be dependent on each other for your pension.
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If you both want to be able to make your own retirement pension choices. These choices can concern how the pension capital is invested, when the pension should start, whether you want a fixed or a variable pension and from which insurer you purchase the pension.
Split your pension after a divorce
Pros
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You are independent of each other with regard to your pension.
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You both have your own pension capital with Zwitserleven and you can both decide for yourself how your pension capital will be invested.
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You can both decide for yourself when your pension starts.
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You can both decide for yourself whether you want a fixed or variable pension.
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You can both decide for yourself from which insurer the pension will be purchased.
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You can both decide for yourself whether you use a part of your pension capital on your retirement date to purchase a partner’s pension for a possible new partner.
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Your ex-partner will have his/her own access to our participant portal and can make choices there.
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Your ex-partner can combine the Zwitserleven pension with other own pensions after the split, by applying for a value transfer.
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Your ex-partner’s retirement pension does not stop if you pass away.
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In the communication to you, it is only about your pension. In the communication to your ex-partner, it is only about your ex-partner’s pension. If you do not choose to split, this is sometimes less clear.
Cons
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If your ex-partner passes away, you will not receive the split pension back.
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If you pass away after your retirement date, your ex-partner will not receive a partner’s pension.
Suitable
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If you do not want to be dependent on each other for your pension.
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If you both want to be able to make your own retirement pension choices. These choices can concern how the pension capital is invested, when the pension should start, whether you want a fixed or a variable pension and from which insurer you purchase the pension.
Not suitable
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If you want to receive your pension capital back if your ex-partner passes away before your retirement date.
-
If you want your ex-partner to receive a benefit from your pension scheme if you pass away after your retirement date.
How do you arrange dividing or splitting your pension after a divorce?
After the end of your relationship you will receive a letter from us in which we inform you about the consequences for your pension with Zwitserleven. We indicate which choices you and/or your ex-partner can make. We will also send the same letter to your ex-partner.
Note:
If you do not inform us about any choices, we do not apply a division of retirement pension (equalization) or split (conversion). Then you have to pay the retirement pension to your ex-partner yourself after your retirement date.
If you do not want this, you have to inform us of your different choice. In the letter that we send to you after the end of your relationship, we indicate which documents we have to receive. And we indicate how you can send it to us.
Note:
Let us know if you made any choice within two years after the end of your relationship. After this period, your agreements will not be administrated by us.
Use the government form to communicate your choice: Notification form in connection with division of retirement pension in the event of divorce (only in Dutch)
*A long-term joint household (cohabiting) qualifies as such if the following conditions are fulfilled:
You and your partner are both not married and are not in a registered partnership with any third persons; and
Your partner is not related to you in the first degree; and
You and your partner are registered at the same address for at least six months in the BRP (Municipal Personal Records Database). Or you and your partner can provide a notarised domestic partnership agreement.
Need advice?
We are pleased to assist you with your retirement choices. Those choices can have major financial implications. Our guidance is only about your Zwitserleven Pensioen. Whether a choice is right for you naturally depends on your entire personal situation. Now and in the future. Have you thought about asking an advisor? They can give you an overview of all your financial affairs. And help you make the most appropriate choices.