With the divorce, a pension equalisation is regularly carried out ex officio. In this case, the family court divides the pension rights acquired during the marriage equally between the two spouses (half division of the rights) and transfers a right for the spouse entitled to equalisation at the expense of the right of the spouse liable to equalisation in the amount of the equalisation value with the pension provider with whom the right of the spouse liable to equalisation exists (internal division).
In order to determine the rights to be equalised, the family court sends a questionnaire on pension equalisation in which the spouses must which insurances exist and which rights were established during the marriage. The family court then obtains information on the spouses' entitlements from the pension providers ex officio. The family court then decides on the equalisation of pensions by way of an order.
The concrete implementation of a legally binding decision on the equalisation of pensions is regulated by § 40 of the statutes of the Sächsische Ärzteversorgung. According to this, the entitlement of the spouse subject to equalisation is reduced in accordance with the court decision and allocated to the spouse entitled to equalisation. As a result, the spouse entitled to equalisation receives his or her own pension entitlement with the Sächsische Ärzteversorgung without becoming a member as a result. If both spouses are members of the Sächsische Ärzteversorgung, the pension equalisation is carried out by offsetting.
Adjustment of the pension equalisation
In certain exceptional cases, the pension equalisation can be adjusted after the decision has become final. For example, an adjustment is possible if the spouse subject to equalisation receives a pension in the event of occupational disability or pays maintenance to the person entitled to equalisation and the person entitled to equalisation cannot yet draw any benefits from the right acquired in the pension equalisation. Furthermore, an adjustment is possible if the spouse entitled to equalisation dies and has himself or herself drawn benefits from the entitlement acquired in the pension equalisation for a maximum of 36 months.
Avoiding the reduction by paying a lump sum
As long as the insured event has not yet occurred, the pension entitlement to the Sächsische Ärzteversorgung reduced by the pension equalisation can be averted in whole or in part by paying a capital sum.
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