Dividing pension after divorce: equalisation, notification and arrangements

23 September 2026

Arslan Advocaten

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Dividing pension after divorce: equalisation, notification and arrangements

On divorce or the dissolution of a registered partnership, there may be a right to a share of the old-age pension built up during the marriage or partnership. The usual statutory route is pension equalisation (pensioenverevening). Notify every pension provider involved of the divorce within two years to secure direct payment under the statutory scheme. A missed notification does not in itself mean that the underlying claim against the former partner disappears.

Nederlands: Lees dit artikel in het Nederlands: Pensioen verdelen na scheiding: verevening, melding en afspraken

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Written by Öznur Batur, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar (Nederlandse orde van advocaten) for personal status and family law and criminal law. Last updated: 19 September 2026. General information is not legal advice about your own situation.

Pension is often less visible than a home or a bank account, but it can be financially significant. Below you can read which information you need, what distinguishes equalisation from conversion and why a partner’s pension must be examined separately.

Which pension is divided?

The Pension Rights Equalisation on Divorce Act (Wet verevening pensioenrechten bij scheiding) applies to the old-age pension rights that qualify under it. In the usual situation, this concerns the pension built up during the marriage or registered partnership. Pension accrued before that period does not automatically fall within the same equalisation.

Not every retirement provision is a pension within the meaning of this Act. The AOW (Dutch state pension), annuities, savings and certain other provisions have their own rules. So do not put all products in a single column labelled ‘pension’.

Ask each provider which entitlements exist and which period is relevant. With foreign schemes, older divorces or special products, additional legal and financial investigation may be needed.

The main rule: dividing the pension built up during the marriage

Under standard statutory equalisation, former partners are in principle entitled to half of the old-age pension built up by the other during the marriage or registered partnership, to the extent that the Act applies. The actual payment is linked to the pension to which the entitlement relates.

This does not mean that half of the total pension pot is paid freely into a bank account on the date of divorce. Pension rights remain subject to their own administration rules. The value of an entitlement and the benefit to be received later are different concepts.

Both partners may have built up pension. In that case, it must be examined which rights exist on each side. Looking only at the largest pension can leave smaller but relevant entitlements out of view.

The two-year time limit

The divorce must be reported to the pension provider in good time in order to obtain the statutory right to direct payment by that provider. The Dutch government (Rijksoverheid) refers to a time limit of two years. Use the official notification form and the required attachments.

Notify all providers involved. Notifying one pension fund does not automatically mean that other funds, insurers or foreign providers have also been informed. Keep proof of sending and receipt and ask for a confirmation on the substance.

Make sure the time limit starts from the legally correct divorce date. Actually moving out, filing a petition and the registration of the divorce are different moments. Your lawyer can tell you which date is decisive in your case.

What if the notification is late?

A late notification may mean that the pension provider is not required under the standard scheme to pay the entitled former partner directly. The entitlement between the former partners may, however, continue to exist. Payment may then have to be claimed from the former partner.

Also find out whether the provider is still willing and authorised to cooperate in a suitable implementation arrangement. Do not assume this without confirmation. The options depend on the law, the scheme and the specific circumstances.

Once you discover a missed notification, do not wait any longer. Gather the divorce documents, earlier correspondence and pension statements. Have it assessed which rights still exist, which payments are owed and whether limitation periods or other time limits are becoming relevant.

What is conversion?

With conversion, an independent pension entitlement is created for the former partner under the applicable conditions. This differs from the usual equalisation, in which payment remains linked to the other partner’s pension. Conversion requires specific arrangements and the involvement of the pension provider.

Conversion can give more independence, but it also has consequences for matters such as death, the start of the pension and the relationship with a partner’s pension. Without a calculation, the financial outcome cannot be compared with standard equalisation.

So have scenarios calculated and ask the provider for confirmation before you make final arrangements. A sentence in a divorce settlement agreement stating that the parties ‘want conversion’ is insufficient if the implementation or conditions have not been arranged.

Deviating arrangements in a prenuptial agreement or divorce settlement

Within the statutory framework, the parties may deviate from the standard division. Think of a different percentage, a different period or exclusion. The wording must make clear which pension rights are meant and what the provider must do.

Read any existing prenuptial agreement carefully. A clause on separate property does not automatically mean that pension equalisation is excluded. Nor does a general final discharge necessarily settle every specific pension right in a clear way.

Have it explained what you are giving up before you waive an entitlement. A pension right can be substantial while current income is low. Compare not only nominal amounts, but also tax, risk, life expectancy and the moment at which payment begins.

Trading pension for the surplus value of the home

Sometimes one partner wants to keep a larger share of the surplus value of the home in exchange for waiving pension. That may seem attractive, but the values are not necessarily equivalent. An immediately available net amount differs from a future benefit that may be taxable.

Actuarial value, tax consequences, death and uncertainties must be considered. Whether the arrangement binds the pension provider or only has effect between the parties is also important.

Have an expert calculation made and record the assumptions. A rough estimate based on a single annual statement can lead to an unbalanced exchange. Also discuss whether the arrangement can still be changed later and which risks are being knowingly accepted.

A partner’s pension is a separate issue

Besides the old-age pension, a partner’s pension or special partner’s pension (bijzonder partnerpensioen) may be relevant. This concerns a benefit on death and has different conditions. It is not the same as half of the old-age pension.

The nature of the scheme, whether it is accrued or risk-based cover, the termination date and the transition to new pension schemes can make a difference. Ask the provider explicitly what is retained on divorce and what lapses.

Include this issue separately in the divorce settlement. A general arrangement about ‘all pensions’ without product details may later prove unclear. Also have it checked what happens on remarriage, a new partner or death before the pension date.

AOW, annuities and other retirement provisions

The AOW is not equalised in the same way as a supplementary old-age pension. Its amount and the household situation follow their own statutory system. An annuity policy or bank savings product may in turn be subject to different property and tax rules.

So draw up a complete inventory with the product name, provider, contract number and legal category. Products that do not fall under the pension equalisation legislation may also need to be taken into account financially in the divorce settlement.

For entrepreneurs, retirement provisions may exist within or around a business. This often requires cooperation between a family lawyer, a tax adviser and a pension expert. Avoid a general arrangement that merely refers to a standard pension form.

Foreign pension and international divorce

With foreign pension rights, it must be examined which law applies, whether the Dutch equalisation rules apply and what the foreign provider is able to implement. The Dutch divorce court and a foreign pension institution do not always follow the same system.

Gather the original pension documents and information about the accrual period. A translation may be needed. Also record in which country the parties lived and which arrangements were made on the applicable law.

Do not wait until retirement to discover that a Dutch arrangement cannot be implemented directly. Before signing, have it checked which additional act, registration or foreign decision may be required.

Older divorces require a different assessment

The current equalisation scheme cannot simply be applied to every divorce in the past. Different rules and case law may apply to divorces before the Act entered into force. The form of the relationship, the date and the matrimonial property regime in force at the time are relevant.

So look up the original court decision, registration details and arrangements. An oral recollection that the pension ‘was taken care of’ is insufficient to establish rights and obligations reliably.

Even where nothing has been paid for years, it must be examined whether that reflects a deliberate arrangement, an administrative error or a missing entitlement. Do not draw a conclusion solely from the fact that the provider did not automatically get in touch.

New pension rules: check what already applies

The Dutch pension system is changing, but a change to the system does not automatically mean that every existing divorce arrangement lapses or that an announced new division act already applies. Current law, bills and changes in administration must be kept apart.

In a specific divorce, use the current statutory scheme and written information from the provider. Ask how any transition of the pension scheme affects existing equalisation or partner’s pension entitlements.

This article is based on the system of the Pension Rights Equalisation on Divorce Act in force on the date of consultation. Before signing a personal arrangement or before implementation, have it checked whether relevant changes have since entered into force.

Which documents should you gather?

A complete overview prevents a small or old pension from being forgotten. Also think of employers from earlier years and transferred entitlements.

Date of the marriage or partnership and the legal divorce date.
The prenuptial agreement and the divorce settlement agreement.
Pension statements from each provider.
Separate details of old-age pension and partner’s pension.
Earlier notifications, acknowledgements of receipt and calculations.
Information about foreign provisions or provisions for entrepreneurs.
Any arrangements on waiver, a deviating division or conversion.

For each product, make clear which questions are still open. Ask the provider for a divorce calculation or explanation that matches the exact period and the chosen scheme.

From arrangement to actual implementation

A good divorce settlement agreement is only the beginning. Send the required notification and attachments to the correct providers and check the confirmation. See whether the percentage, period and personal details have been processed correctly.

Keep all documents even after the divorce has been completed. Payment may not begin until years later. An orderly file helps when a provider changes, rights are transferred or a former partner dies.

Plan a check at a relevant event, such as retirement or a change to the scheme. The aim is not to renegotiate every year, but to check that the agreed rights are being implemented correctly.

Example: one pension fund was forgotten

In a fictitious situation, former partners report their divorce to the current pension provider. Years later, it turns out that there is also an entitlement from a previous job. No notification was made to that provider.

First, the accrual period and the divorce arrangements are examined. It is then considered whether statutory direct payment is still possible or whether an entitlement between the former partners must be implemented. Without investigation, the missed notification does not mean that the right has disappeared in substance.

The example shows why an inventory and confirmation from each provider are needed. A complete overview at the time of the divorce prevents a complicated dispute at the moment when pension income is actually needed.

Checking the pension provider’s confirmation

An acknowledgement of receipt does not yet mean that the desired arrangement has been processed correctly in substance. Check whether the provider is using the correct divorce date, accrual period and division ratio. Also check whether a deviating arrangement or conversion has been expressly accepted.

Ask for an explanation if the confirmation contains only technical terms. You must be able to understand when payment begins, to whom it is paid and what happens if one of the former partners dies. A difference between your expectation and the implementation letter must be resolved before retirement.

Keep the confirmation together with the divorce settlement agreement and the form. If another provider later becomes involved or entitlements are transferred, you can use it to show what was reported and processed. In the case of a transfer, ask which existing rights of the former partner will be retained and carried over administratively.

Death and retiring earlier or later

The consequences of death differ between standard equalisation, conversion and a partner’s pension. A scheme that gives a comparable benefit during lifetime can have a very different outcome on death. Have those scenarios explained in advance.

Choices about the start of the pension or the form of payment can also affect the actual payments. The powers of the pension member and the position of the former partner follow from the law, the scheme and the arrangements made. Do not assume without checking that every choice is entirely independent of the other partner.

So do not ask only for a single estimated monthly amount at a standard pension date. Have it shown what happens under the relevant alternatives. An expert can make the differences clear without suggesting that future amounts or life expectancy are certain.

Checklist before signing the divorce settlement agreement

Check that all providers and products have been listed. Name the old-age pension and the partner’s pension separately and record whether the statutory standard applies or is being deviated from. State who will make the notification and how the other party will receive the confirmation.

With deviations, it must be clear that the parties understand the financial consequences. A general sentence that they ‘mutually waive’ their rights is not careful enough if nobody knows which rights exist. Have the value and risks assessed before pension is exchanged for a home, a business or an immediate cash sum.

Finally, agree what happens if a provider cannot implement an intended arrangement. A fallback arrangement can prevent the parties from having to renegotiate after the divorce without a shared starting point. That arrangement must itself be checked from a legal and tax perspective, so that it does not simply create new uncertainty.

Pension arrangements where little has been accrued

Even with small entitlements, a check is advisable. The law and the pension scheme may have thresholds or special administration rules. Have the provider confirm whether the entitlement falls under equalisation and how it will be treated. A small expected monthly amount does not automatically mean that you can omit the product without mentioning it.

With a deliberate deviation, make clear which information the parties have reviewed. This makes it possible to distinguish later whether a right was forgotten or deliberately arranged differently. That clarity helps when an old entitlement is transferred or eventually comes into payment.

Frequently asked questions

Is my entire pension split in two?

Not automatically. In the usual situation, statutory equalisation concerns the relevant pension built up during the marriage or registered partnership. The type of product, the period and any deviating arrangements must be checked.

Is pension division compulsory for unmarried cohabitants?

The statutory equalisation scheme does not automatically apply in the same way to unmarried cohabitants. Contracts and pension scheme rules may, however, contain relevant arrangements or partner rights.

Am I too late if the divorce was more than two years ago?

A problem may arise for direct payment by the provider. The underlying entitlement between the former partners may continue to exist. Have the documents and possible next steps assessed.

Can I commute my pension to pay off my ex?

That is not simply possible. Pension is subject to statutory, tax and contractual restrictions. An exchange of assets or a deviating arrangement requires a separate calculation and check.

Is conversion always more favourable?

No. Conversion has different consequences from equalisation, including on death and at the start of the pension. The best choice depends on the personal situation and on what the provider can offer.

Who can check my arrangements?

A family lawyer can assess the legal arrangement and, where necessary, work together with a pension expert. You can discuss this through family law at Arslan. Where there is a prenuptial agreement, settling a settlement clause is also relevant.