In the event of a divorce, pension entitlements are to be divided comprehensively between the ex-spouses in the future, including subsequent corrections. This is provided for in a draft from the Federal Ministry of Justice, which the cabinet has approved.
According to current law, pension entitlements from the time of marriage are divided equally between the ex-spouses in the event of a divorce. However, if someone has forgotten, concealed or overlooked their pension entitlement during the so-called pension equalization, this has so far been at the expense of the ex-partner. In the future, such pension entitlements, such as company pension entitlements from a previous employer, should also be able to be offset retrospectively.
Also pension claims of entrepreneurs, which are paid as a one-time sum and not as a monthly pension should be taken into account in future pension adjustments. In order to prevent minimal entitlements from being eaten up by administrative costs, the division of such entitlements should be dispensed with more frequently than before.
The selective changes will ensure more fairness between divorced partners, says Federal Justice Minister Stefanie Hubig (SPD). “Divorce must not become a risk of poverty.”
Your proposal also stipulates that judicial review of the pension equalization should in future be possible two years before the expected retirement due to changes that have occurred. So far this only happens a year before retirement. The planned change is intended to ensure that legal proceedings are generally completed by retirement. The Bundestag still has to decide on the project.
