Pension rights equalisation

Financial security in old age is an important issue. In Germany, this security consists of the three-pillar model of old-age provision

statutory pension scheme
company pension scheme
ersonal pension insurance

In order to be able to draw a statutory old-age pension at a later date, an entitlement to it must be acquired. It is based on compulsory membership of the statutory pension insurance. For a minimum period of 5 calendar years, contributions must be paid to the statutory pension insurance in order to be able to receive a statutory pension later.

Occupational pension provision is understood to be the building up of a supplementary pension via the employer.

With private pension insurance, voluntary contributions are paid into a private insurance. In old age, the contractually agreed amount is paid out monthly or in one sum.

In a marriage, the couple decides to start a family. In order to look after the children, one of the spouses regularly stays at home, at least temporarily, and reduces his or her professional activity. During this time he or she acquires fewer pension entitlements due to the reduced professional activity. Periods spent bringing up children are taken into account, but only to a small extent. The working spouse, on the other hand, acquires unlimited pension entitlements. However, the decision to have children is the decision of both spouses. Against this background, it would be unfair if, in the event of a divorce, only the spouse who is continuously working were to receive his or her full pension entitlements and the spouse who looks after the children had to live with significantly lower pension entitlements in old age. For this reason, the legislator has created a pension equalisation scheme – so-called pension equalisation.

In divorce proceedings, the pension entitlements of each spouse are explicitly determined and compared for the period of marriage. The one who has acquired more pension entitlements must transfer part of his or her entitlements to the other spouse.

Round Table

We rightly talk about these topics in our Round Table meetings. The Round Table is an action of Herfurth & Partner and serves to clarify and secure wishes and decisions in the family in connection with assets, provision and succession.

The next dates can be found in the Round Table section (welcome homepage).

Publications

Further information on many topics can be found in the Publications section (welcome homepage).

Your counsellor

Angelika Herfurth

Attorney at law and specialist lawyer for family law

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Pension rights equalisation

Round Table

Publications

Your counsellor

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