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 default rights are, and then indicate your options. In this section of the website we discuss the options for the partner’s pension. The retirement pension options are described in a separate section of the website.
If you were married, had a registered partnership or cohabited* with your partner on a long-term basis, your ex-partner will be entitled to the partner’s pension accrued until the end of the relationship. This is also referred to as a special partner’s pension. So your ex-partner is also entitled to the partner’s pension that you accrued before the start of your relationship.
- If you pass away after your retirement date, your ex-partner will receive the partner’s pension.
- If you pass away before your retirement date, your ex-partner will not receive a partner’s pension.
- If your ex-partner passes away before your retirement date, the partner’s pension will be converted into extra retirement pension for you.
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 also indicate which choices you and/or your ex-partner can make. We will also send the same letter to your ex-partner.
What are the options for the partner’s pension after a divorce?
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Standard
By default, your ex-partner is entitled to the partner’s pension accrued until the end of the relationship. This special partner’s pension is equal to 70% of the retirement pension.
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Lower special partner’s pension
You can agree with your ex-partner that your ex-partner will receive a lower special partner’s pension. This can be done by agreeing on a lower percentage – less than 70%. This can also be done by agreeing on a different period for calculating the partner’s pension. You can also agree on a combination of both.
If you choose this, your ex-partner will receive a lower special partner’s pension if you pass away after your retirement date. If you pass away before your retirement date, your ex-partner will not receive a pension.
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No special partner’s pension
You can agree with your ex-partner that your ex-partner will not receive a special partner’s pension. We call this waiving partner’s pension. If you choose this, your ex-partner will not receive a pension when you pass away.
For whom is partner's pension after divorce intended?
The partner’s pension after divorce is intended for your ex-partner if:
- You were married, had a registered partnership or lived together permanently; and
- You accrued pension with Zwitserleven at the end of your relationship with your ex-partner.
When is the standard partner’s pension suitable?
There are advantages and disadvantages to the various forms of partner’s 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.
Standard partner’s pension after divorce
Pros
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You choose the legal regulation. You don’t have to do anything if you and your ex-partner want this choice. If we do not receive any other choice from you or your ex-partner, we will use this default.
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If you pass away after your retirement date, your ex-partner will receive the special partner’s pension from the insurer.
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If your ex-partner receives alimony, this will stop upon your decease. If you pass away after your retirement date, your ex-partner will be paid a special partner’s 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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If you pass away before your retirement date, your ex-partner will not receive a special partner’s pension.
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If you get a new partner, there will be less partner’s pension for this partner if you pass away after your retirement date. A part of the partner’s pension then belongs to your ex-partner.
Suitable
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If your ex-partner does not have an own pension scheme.
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If you want your ex-partner to receive the maximum benefit from your pension scheme in case you pass away after your retirement date.
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If you want to agree on a different amount, but you cannot agree on this with your ex-partner.
Not suitable
- If you and your ex-partner are both willing and able to provide in your own income.
Lower partner’s pension after divorce
Pros
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You can adjust the amount of the special partner’s pension so, for example, it is equal to the partner’s pension accrued during your relationship. Your ex-partner must agree to this. And you have to inform us about this – see the section How do you arrange a different partner’s pension after a divorce?
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If you pass away after your retirement date, your ex-partner will still receive a special partner’s pension from the insurer. But this partner’s pension will be lower than by default.
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If you get a new partner, there will be more partner’s pension for your new partner if you pass away after your retirement date.
Cons
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Your ex-partner must agree to a reduction of the special partner’s pension after divorce. And you have to inform us about this.
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Your ex-partner will receive a lower special partner’s pension if you pass away after your retirement date.
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If you pass away before your retirement date, your ex-partner will not receive a special partner’s pension.
Suitable
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If your ex-partner has an own pension scheme.
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If a lower payment from your pension scheme is sufficient for your ex-partner if you pass away after your retirement date.
Not suitable
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If your ex-partner does not have an own pension scheme.
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If a lower payment from your pension scheme is not sufficient for your ex-partner if you pass away after your retirement date.
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If you want to agree on a lower partner’s pension, but cannot agree on this with your ex-partner.
No partner’s pension after a divorce
Pros
- If you get a new partner, the full partner’s pension will be available to this partner if you pass away after your retirement date.
Cons
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Your ex-partner must agree that a special partner’s pension will not be received after a divorce. And you have to inform us about this.
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If you pass away after your retirement date, your ex-partner will not receive a partner’s pension. The same applies if you pass away before your retirement date. Also in that situation, your ex-partner will not receive a partner’s pension.
Suitable
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If you and your ex-partner are both willing and able to provide in your own income.
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If compensation of assets after divorce in a form other than a special partner’s pension is more desirable.
Not suitable
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If your ex-partner does not have an own pension scheme.
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If you and your ex-partner cannot get an agreement about no partner’s pension.
How do you arrange another partner’s pension after a divorce?
After your relationship ends, 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.
Note:
If you do not inform us about any choices, we will assume your ex-partner is entitled to a special partner’s pension based on the legal regulations. This special partner’s pension is equal to 70% of the retirement pension accrued until the end of your relationship.
If you have made other arrangements with your ex-partner, you have to inform us of this agreement. In the letter that we send to you after the end of your relationship, we will indicate which documents we need. And we indicate how you can send it to us.
*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.