Dutch law provides for pension equalization in case of a divorce or termination of registered partnership. When there is a right to pension equalization, each of the ex-spouses is entitled to half of the pension claim that is accumulated during the marriage.

In case of cohabitation, there can only be a right to pension equalization if this has been provided for in the rules of the pension fund or in the cohabitation contract.

Ex-spouses can choose to make different arrangements regarding the pension rights in a marriage settlement or covenant.

If there is a right to pension equalization, this must be mentioned to the pension fund within 2 years after the divorce, by using a special form. If this is not done within those 2 years, there still is a claim to the pension, but it can not be claimed from the pension fund, but must be claimed from the ex-spouse directly.

Dividing a pension fairly is a bit more complicated when one has private arrangements for the old age, or if you own a company in stead of being employed. There are different possiblities, which we will explain.