Pension Rights Equalisation
Upon divorce, pension rights equalisation is routinely carried out ex officio. In this process, the Family Court divides the pension rights acquired during the marriage equally between both spouses and transfers, on behalf of the spouse entitled to equalisation and at the expense of the spouse liable for equalisation, a claim equal to the equalisation value to the pension provider with whom the spouse liable for equalisation holds their pension rights.
1. Determining the pension rights to be equalised
To determine the pension rights to be equalised, the Family Court sends out a questionnaire on pension rights equalisation, in which the spouses must provide details of the insurance policies they hold and the pension rights accrued during the marriage.
2. Information provided to the Family Court
The Family Court then requests information from the pension providers regarding the spouses’ pension entitlements and subsequently decides on the pension rights equalisation.
3. Implementation of final court decisions
The specific implementation of a final court decision on pension rights equalisation is governed by the Articles of Association of the Sächsische Ärzteversorgung. Under these provisions, the pension entitlement of the spouse liable for equalisation is reduced in accordance with the court decision and allocated to the spouse entitled to equalisation. The spouse entitled to the equalisation thereby receives their own pension entitlement with the Sächsische Ärzteversorgung without becoming a member. If both spouses are members of the Sächsische Ärzteversorgung, the pension rights equalisation is carried out by offsetting.
Frequently Asked Questions About Pension Rights Equalization
As long as the pension entitlement has not yet arisen, the reduction in pension entitlements resulting from the pension rights equalisation can be wholly or partially offset by paying a lump sum (known as a ‘replenishment payment’) to the Sächsische Ärzteversorgung.
The Articles of Association of the Sächsische Ärzteversorgung stipulate that an internal division must take place. This enables the spouses to share equally in the pension entitlements accrued during the marriage. The court therefore, by its final decision, transfers half of the pension entitlements accrued during the marriage with theSächsische Ärzteversorgung to the former spouse. The former spouse thereby receives their own pension entitlement with theSächsische Ärzteversorgung without becoming a member as a result of this transfer.
It is not possible to transfer pension entitlements from other pension providers to the Sächsische Ärzteversorgung by way of an external division.
The period of marriage relevant for the equalisation of pension rights begins on the first day of the month in which the marriage was contracted and ends on the last day of the month preceding the service of the petition for divorce.
In certain special cases, the pension rights equalisation may be adjusted after the order has become final. For example, an adjustment is possible if the spouse liable for equalisation receives a disability pension or pays maintenance to the spouse entitled to equalisation, and the latter is not yet able to receive benefits from the pension entitlements acquired through the pension rights equalisation. Furthermore, an adjustment is possible if the spouse entitled to the pension rights equalisation dies and has themselves received a pension from the pension rights acquired through the pension rights equalisation for a maximum of 36 months.