Equalization of Pension Rights

Get all the important information about your pension benefits in the event of a divorce.

Pension Rights Equalization

Upon divorce, a pension rights equalization is typically 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 equalization and at the expense of the rights of the spouse obligated to provide equalization, a claim in the amount of the equalization value to the pension provider with whom the rights of the spouse obligated to provide equalization are held.

Frequently Asked Questions About Pension Rights Equalization

Can the reduction resulting from the pension rights equalisation be avoided, either in full or in part, by means of special payments?

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 Saxon Medical Pension Fund.

How are pension entitlements settled with the Saxon Medical Pension Fund?

The Articles of Association of the Saxon Medical Pension Fund 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 the Saxon Medical Pension Fund to the former spouse. The former spouse thereby receives their own pension entitlement with the Saxon Medical Pension Fund without becoming a member as a result of this transfer.  
It is not possible to transfer pension entitlements from other pension providers to the Saxon Medical Pension Fund by way of an external division.  

How is the period of marriage relevant for the division of pension rights determined?

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.

Is it possible to adjust the pension rights equalisation after the court’s decision has become final?

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.