September 15: Divorce day
Traditionally, most relationships fail after the summer holidays. But how does getting a divorce affect your pension? Make sure you pay attention to the following points!
1. Don't forget to arrange things
When you are getting a divorce, lots of things need to be done: from finding a new home to dividing up the assets. As a result, most people forget to take a closer look at their pension. Fair enough, but pension arrangements also need to be agreed on.
Important: Did you live together with a cohabitation agreement or were you divorced outside the Netherlands? Then you must deregister your partner with us. Use the Sign out partner form (pdf) to do this.
2. Entitled to half the money
When you divorce, you make agreements together about the division of your pension. Here we explain the standard distribution as described in the law:
- Are you married or do you have a registered partnership?
Then your ex-partner is entitled as standard to half of the accrued retirement pension over the time you were together. Your ex-partner will receive this pension from your retirement date for as long as you live. Your ex-partner may also be entitled to a pension upon your death; we call this a special partner's pension. Whether this is the case depends on your pension plan. - Did you live together with a cohabitation agreement?
Then your ex-partner is not entitled to a retirement pension as standard. However, your ex-partner may be entitled to a special partner's pension in the event of your death. Whether this is the case depends on your pension plan. And your partner must be known to us.
You can read exactly how this works in the pension regulations. Click on the 'separating' icon in the regulations:
- Employed before July 1, 2013: consult the SSPF regulations (pdf)
- Employed on or after July 1, 2013: consult the SNPS regulations (pdf)
- Are you also building up a net pension? Then also consult your Net Pension Scheme (pdf)
3. Inform us quickly
With the equalisation form (only in Dutch) for the division of your retirement pension, you notify Shell Pension of your divorce. This can be done by either one of the partners. If you do so promptly, within two years of your divorce, you and your ex-partner will be paid by us when the person who accrued the pension retires.
Need to know: If the equalisation form for the division of your retirement pension is sent in too late, each party still has the right to half of the retirement pension. Only now you will pay out the retirement pension to each other.
4. Dividing differently
You can also choose to divide your pension entitlements in a different way than described above. For example, you can set off the right to your pension against other rights. You record this with your ex-partner and send it to us.
5. Not all components of your pension are eligible for division
There are some components of your pension that do not need to be divided, such as:
- AOW, the state retirement pension you receive from the Dutch government if you have lived in the Netherlands.
- Annuity, an insurance that pays out until the insured person dies.
6. Make arrangements for your retirement pension before getting a divorce
Are you getting married or living together? And do you want to divide your pension in a different way? Then you can make agreements about this with the notary and have it written down in your prenuptial or partnership conditions.
Would you like to take your time and review these topics? Then watch the video below or visit the website.
7. Specify the division of your pension in the divorce agreement
Have your agreements on pension division drawn up by a mediator or lawyer in a divorce agreement. This is a document that outlines all the agreements, such as the division of your assets, house, pension, debts and how the maintenance will be arranged.
Finally, in the coming years we expect divorce legislation to change. When this happens we will inform you of the consequences.
Do you have any questions?
Schedule a video call. We will be happy to assist you!