Pension Rights Equalisation in Germany

German Family Lawyers

Pension Rights Equalisation in Germany

German Family Lawyers

Although a marriage is deemed to have ended with a divorce, the marriage’s legal consequences continue to impact afterwards. Thus, pension equalisation is to be carried out within the framework of divorce proceedings. This equalisation is intended to ensure that acquired claims to old-age pensions are divided fairly between the two spouses, as the obligation to pay maintenance during a marriage includes the daily necessities of life and old-age provision. To check the extent of the benefits you are entitled to, it is advisable to consult an experienced family lawyer.

Schlun & Elseven Rechtsanwälte offers comprehensive support in all family law matters. Our lawyers have in-depth expertise in ensuring that pension equalisation is carried out correctly and that you and your divorced spouse receive a fair division of pension entitlements.

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Legal assistance in German Family Law

Implementation of Pension Equalisation
  • Legal advice on all questions concerning pension equalisation and the new pension equalisation law

  • Representation in modification proceedings before the family court

  • Review of the modification decision, possibly representation in appeal proceedings before the Higher Regional Court

  • Enforcement of the new pension entitlements towards the pension institutions concerned

  • Clarification of claims for supplementary payments or repayment claims

Expertise
  • Out-of-court settlement
  • Parenting and mothers’ pensions

  • Pension equalisation after the death of the ex-spouse

  • Pension equalisation under the law of obligations

  • Social law

  • Subsequent pension equalisation

Legal Scope of Pension Equalisation

The equalisation of pensions concerns entitlements or prospects to statutory and private pension entitlements acquired during the marriage. These are usually entitlements to statutory pensions, civil servants’ pensions, occupational or professional pensions or pension claims from private old-age and individual pensions. In 2009, the legislator created a Pension Equalisation Act (VersAusglG) for pension equalisation, which the Civil Code (BGB) also refers to in § 1587.

The Federal Constitutional Court has derived from Article 6(1) German Constitution in conjunction with Article 3(2) German Constitution a claim to equal participation in the pension assets acquired during the marriage (BVerfG, decision of 16-11-1992 – 1 BvL 17/89 (issued on a reference from the Landsberg a. L. District Court)).