Old-age Pension upon Divorce in Tilburg
As a resident of Tilburg, upon divorce, the accrued old-age pension is typically divided equally between ex-partners. This mechanism, known as pension equalisation, ensures both parties have a claim to half of the pension built up during the marriage or partnership. For Tilburg residents seeking more details on the basic rules, see our article on pension equalisation upon divorce. Divorce proceedings in Tilburg are handled by the District Court of Zeeland-West-Brabant in Breda.
What is old-age pension?
Old-age pension refers to the periodic benefits paid upon retirement, typically starting at state pension age. It is accrued through your employer via a pension fund, insurer, or premium pension institution (PPI). In the Netherlands, around 90% of workers participate. Upon divorce, it qualifies as joint assets subject to division, unless otherwise agreed. Tilburg residents can get free advice on their situation from the Tilburg Legal Aid Office.
This differs from survivors' pension (for survivors after death) or orphans' pension. Standard equalisation applies only to old-age and partner pensions.
Legal basis for division in Tilburg
Handling of old-age pension upon divorce in Tilburg is governed by the Act on the Equalisation of Pension Rights upon Divorce (Pension Equalisation Act, WpS) of 2000. Key provisions include:
- Dutch Civil Code Book 1, art. 1:119-1:157: Pension equalisation as the default upon marriage dissolution.
- Pensions Act, art. 37 et seq.: Requires pension providers to implement it.
- Pension Equalisation Act (Bulletin of Acts and Decrees 2000, 418): Pension administrators divide into 'own' and 'equalisation' portions.
From 2023, the Future Pensions Act reforms fund structures without affecting equalisation. Deviation is possible via a notarial deed, filed with the District Court of Zeeland-West-Brabant in Breda.
How does pension division work upon divorce in Tilburg?
The pension administrator claims the participant's pension (often the breadwinner) and divides it as follows:
- Determine the period: Only accrual during marriage or partnership years counts. This also applies to cohabitants before 2001 or with an agreement.
- Halve the accrual: Half of the marital pension becomes an equalisation entitlement for the ex-partner.
- Conversion: The ex-partner gains an independent right to benefits from pension age (definitive entitlement).
- Processing: Within 6 months of the divorce judgment from the District Court of Zeeland-West-Brabant, you receive the 'pension overview upon divorce' (POBS). Division must be completed within 2 years.
Full equalisation after more than 2 years of marriage; a graduated scale for shorter periods.
Practical examples for Tilburg residents
Example 1: Johan (55, Tilburg resident) and Maria (52) divorce after 15 years. Johan accrued €500 gross old-age pension, €300 of which during marriage. Maria claims €150 monthly from her pension age. Johan keeps €350.
Example 2: Lisa and Tom cohabited 10 years in Tilburg and separate. No automatic equalisation without marriage, but possible via deed – check with Tilburg Municipality or Legal Aid Office.
Example 3: With value transfer, the ex buys out the pension right, e.g., using home equity from the Tilburg market.
Rights and obligations in pension division
Rights:
- Automatic processing by the fund (no action needed).
- Review POBS and request corrections.
- Deviation via deed: offset, transfer, or waiver.
Obligations:
- Notify ex-partner of divorce (via lawyer/notary at Breda District Court).
- Review POBS within 3 months.
- Notarial deed for any deviations.
Comparison of pension types upon divorce
| Pension type | Equalisation? | Accrual period | Conversion? |
|---|---|---|---|
| Old-age pension | Yes, standard | Marriage/partnership | Yes (definitive) |
| Partner pension | Yes, half | Marriage/partnership | No, often with participant |
| Survivors' pension | No | Individual | - |
| AOW | No (state) | No division | - |
Frequently Asked Questions for Tilburg
Is old-age pension always split upon divorce?
No, only the marital portion. Waiver possible via notarial deed, e.g., for unequal accrual. Specify explicitly; get advice from Tilburg Legal Aid Office.
No pension of your own? What then?
You receive half of ex-partner's pension. The fund handles it automatically; verify the POBS.
Trade pension for alimony?
Yes, offset via deed, e.g., pension for alimony. Have it reviewed legally by the District Court of Zeeland-West-Brabant or the office to avoid risks.