Pension equalisation (Versorgungsausgleich) ensures that both spouses share the pension rights acquired during the marriage. The idea: if one spouse worked less to care for the family, they should not end up with a much smaller pension.
Unlike most other divorce matters, the family court carries out the pension equalisation automatically as part of the divorce, unless it is excluded.
What Is Included
- statutory pension insurance,
- civil servants' pensions,
- company pensions,
- private pension insurance paid as an annuity,
- professional pension schemes, for example for lawyers or doctors.
Capital life insurance paid out as a lump sum is not included. It falls under the division of assets.
How the Division Works
Each pension right is divided separately:
- The pension providers report the value acquired during the marriage.
- The court transfers half of each right to the other spouse, usually within the same scheme (internal division).
- In some cases, the amount is transferred to another scheme (external division).
The marriage period runs from the first day of the month of the wedding to the end of the month before the divorce petition was served.
Small values can be left out to avoid administrative effort.
Short Marriages
For marriages of up to three years, the court only carries out the equalisation if one spouse applies for it.
Foreign Pensions
German courts cannot divide pension rights in foreign schemes. Instead, the spouse with the foreign pension may have to pay part of it to the other spouse once the pension is paid (schuldrechtlicher Versorgungsausgleich). This is often complicated and should be considered when negotiating a divorce agreement.
Excluding the Equalisation
Spouses can exclude or modify the equalisation:
- in a marriage contract before or during the marriage,
- in a divorce agreement.
The agreement must be notarised or recorded by the court. The court checks whether it unfairly disadvantages one spouse, for example a spouse who gave up work to raise children.
Points for Expats
- Applicable law. German pension equalisation applies if German law governs the divorce. If foreign law applies, it can still be carried out on application in certain cases.
- Mixed careers. Expats often have pension rights in several countries. Collect information on all your pension schemes early.
Frequently Asked Questions
Does pension equalisation delay the divorce?
Often yes, because the pension providers need time to calculate the values. Excluding it by agreement can speed up the divorce.
Is the result final?
Under certain conditions, the decision can be adjusted later, for example if the recipient dies soon after receiving pension payments.
Do I lose my pension if I have to give up rights?
You lose the transferred share. Your own remaining rights are not affected.
