Received pension from divorced husband
Most of the time, when you divorce your ex-partner, you first want to gain as much distance as possible. But then there are often uncomfortable wars of roses. In addition to the division of the common property, this usually involves maintenance or Entitlements to the divorced husband's pension. So that you can exercise your rights here, you should know your rights.
In principle, the same applies to pension entitlement after divorce as in many civil law disputes: The Statutory regulations only come into force if nothing else has been agreed between you and your divorced husband is. This means that what you may have regulated in a marriage contract applies first of all. The statutory regulations only come into force if such a provision is not available or is invalid.
Entitlements to the divorced husband's pension
- In retirement, your divorced spouse no longer earns their own money, which is why they cannot be dependent on maintenance. Here the legislature regulates further claims via the so-called pension adjustment. What this looks like in concrete terms is regulated in the Pension Equalization Act.
- Note that all entitlements are normally shared equally between the divorced spouses. However, this only applies to the entitlements acquired during the marriage. So if your ex-spouse acquired a statutory pension entitlement of € 1,000 during your marriage, you are entitled to € 500. Incidentally, this also applies to company pensions or pension insurance. You will also receive your own retirement account for this.
You do not always receive the pension components
- If you and your divorced husband have approximately the same pension entitlements, you are usually not entitled to a pension adjustment.
- If the marriage lasted less than three years, pension adjustment does not take place automatically. According to § 3 Abs. 3 of the Pension Equalization Act, one of the parties involved must first apply for this in this case.
- Claims from a possible capital or Term life insurance and those from foreign providers are not included in the pension adjustment. It is best to take this into account when completing one insurance.
- When entering into a marriage contract, make sure that it is effective. This is usually not the case if he puts one of the two spouses at too great a disadvantage or completely excludes pension entitlements. It is best to get advice from a lawyer.
Unless otherwise agreed by the spouses, in the event of a divorce, a ...
Disputes about material things are rarely observed in divorces. Hopefully, however, if you follow these tips, you will have one less thing to worry about. In general, try to be factual with your spouse and not be too guided by emotions. A solution to such problems is often found much faster than you think. However, if you have a dispute, don't be afraid to go to a lawyer to enforce your rights.
