Checklist for separation

What do you need to consider if you and your partner separate?

• Inform us of the ending of your cohabitation agreement using the ‘end of cohabitation’ form. This also applies if you separate outside the Netherlands.
• Inform us of the separation if you live outside the Netherlands. If you live in the Netherlands, we will be informed automatically by the municipality.
• Make an agreement on how to divide your retirement pension.
• Give us details of this agreement using the government form ‘Notification of divorce in relation to division of retirement pension’.
• Make an agreement regarding the special partner’s pension. Your former partner can waive this using the waiver declaration issued by the pension fund. You can request the waiver declaration from us by calling us on 088 - 015 79 20. 
• You cannot do this until the date of your divorce or end of relationship is final.

Equalisation

Your former partner is entitled to half of the capital you have accrued during your marriage or registered partnership, or half of the retirement pension you have purchased after your retirement date. We can calculate and divide this for you. This is known as ‘equalisation’. The date on which you separate is important for establishing this equalisation.

• If you and your partner separate before your retirement date, your former partner will be entitled to half the of the capital you accrued during your marriage or registered partnership.
• If you and your partner separate after your retirement date, your former partner will be entitled to half the retirement pension allocated to the term of your marriage or registered partnership.

Please note!

• You may agree a different division of your capital or retirement pension with your former partner. This agreement must be recorded in a divorce agreement.
• If you were living together without being married, there is no right to equalisation. You may however agree this with your former partner. This must be recorded in a declaration signed by you and your former partner.
• If your pension has to be equalised, you or your former partner must notify this to us within two years by means of a specific form for this purpose. When you pension comes into payment, we will pay the part of the retirement pension due to your former partner directly to them.

Arrange immediately

You arrange for the partner's pension to be awarded by recording the agreements you have made and notifying us. For example, by means of a letter signed by both of you.

We cannot carry out every different agreement. Are you in doubt? Please contact us on 088-015 79 20.

Special partner’s pension

After separation, your former partner may also be entitled to a partner's pension in the event of your death. This is known as special partner's pension. Whether your former partner is entitled to a special partner's pension depends on when you separate:

• If you separate before your retirement date, part of your accrued capital will be separated for your former partner. Your former partner may only use this to purchase a special partner's pension if you die.
• If you separate after your retirement date and you purchased a partner's pension on your retirement date, your former partner will be entitled to the entire partner's pension. Your former partner will receive this pension when you die.

Allocation of capital for your former partner (conversion)

You can also choose to allocate a part of your capital to your former partner. Your former partner can use this to purchase a retirement pension. This is known as conversion.

The advantage of conversion is that you and your former partner no longer need to engage with each other with respect to pension. Moreover, your former partner can then decide themselves when their pension will come into payment.

The disadvantage is that if your former partner dies before you, their share of your capital will not be returned to you. Your former partner’s capital will revert to the pension fund.

New partner

If you remarry after separating or enter into a new (registered) partnership, your new partner will not necessarily be eligible for a partner's pension. There are three possible situations.

1. You are still employed by Mars at the time you get a new partner.
2. You are not employed at Mars anymore at the time you get a new partner, and you have not yet retired.
3. You have retired when you get a new partner.

In the first case, you will accrue a new partner’s pension for your new partner since the date of the separation.

In the second situation, the date when you and your former partner separate is important. If you were divorced or separated while you were still employed at Mars, your new partner will be entitled to the partner's pension based on the capital you accrued during your employment at Mars following the date on which you and your former partner separated. If you separate when you are no longer employed at Mars, your new partner will not be entitled to a partner's pension.

In the third situation, there will be no partner's pension for your new partner.