Riester pension in pension adjustment

After the reform of the pension equalization in 2009, the individual entitlements no longer apply netted and offset once, but each individual claim is made between the spouses divided up. You only have to submit an application for pension adjustment in exceptional cases.

The claims from a Riester pension

• The entitlements to be taken into account in a pension adjustment must, among other things, be directed towards a pension, s. § 2 para. 2 No. 3 VersAusglG (Pension Equalization Act). This also includes all private pension contracts that provide for the payment of a monthly pension in old age, but not those aimed at paying a certain sum of money on reaching a certain age are. Your endowment life insurance contracts may therefore be excluded from the pension adjustment. The resulting claims may, however, be included in the profit sharing.
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• Your claims or the claims of your partner from a Riester pension are therefore also included in the pension adjustment. This is initiated ex officio in the divorce proceedings, so that you usually do not have to submit your own application.
• However, there is an exception for a short marriage. If you have not been married to each other for more than three years, an equivalent pension will only be carried out if you or your spouse apply for it, cf. § 3 para. 3 VersAusglG.
• Entitlement to a Riester pension can also be disregarded under certain circumstances if you have signed the contracts each concluded shortly before the divorce and the compensation amount would therefore be very low, see. § 18 para. 1 VersAusglG.


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The pension equalization must not be ruled out

• If you have signed a marriage contract in which the pension adjustment was excluded, then of course the rights from a Riester pension are also excluded.
• Even if a pension adjustment were "grossly unreasonable" in your case, it would not be carried out, so that entitlements from a Riester pension would not be taken into account either, cf. Section 27 VersAusglG.
• A "gross inequity" is only present in exceptional cases, for example, if during the marriage the im Pension equalization actually eligible spouse to a considerable extent from financial benefits of the other Spouse has benefited. That could be the case if you are your partner education and financed your studies, have taken care of the household and children in addition to your job, and your partner is divorcing shortly after completing his studies.

Rights from a Riesterpension are usually taken into account in the pension adjustment. You only need to apply for this if you have a very short marriage.