Check list for separation

What do you need to consider if you separate?

• Inform us of the ending of your cohabitation agreement using ‘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.

Division of retirement pension if you were married or in a registered partnership

The division of retirement pension after a divorce or separation is known as equalisation. You have several possibilities for equalisation:

• You divide your retirement pension according to the statutory division: each party has half.
• You agree with your partner that you will not divide the retirement pension.
• You agree a different division, such as 30%-70%
• You do not make an agreement, and your former partner will retain the right to half of your retirement pension.

‘The standard arrangement is that your former partner gets half of your retirement pension that was accrued during the marriage or registered partnership.’  

If your pension has to be equalised, you or your former partner must notify this to us within two years. You can arrange the division of retirement pension by completing this form and returning it to us. When you pension comes into payment, we will pay the part of retirement pension due to your former partner directly to them.

Equalised retirement pension remains part of your pension

Your former partner’s share of the retirement pension remains part of your pension. Decisions you make regarding your share will also apply to your former partner’s share. If your former partner dies before you, their share will be added to your pension.

New partner

Do you remarry after the divorce or enter into a (registered) partnership again? In that case, your new partner is not always eligible for a partner's pension. Read more about a new partner after a divorce or the termination of a (registered) partnership. 

Arrange this right away

You can arrange the allocation of the partner’s pension by recording the agreements you have made and notifying us. This can be in a letter that you have both signed. We are not able to cooperate with every non-standard agreement. If you have doubts, contact us on 088-015 79 20.

Arranging partner’s pension if you were married, had a cohabitation agreement or were in a registered partnership

Partner’s pension that is reserved for your former partner after the divorce is known as special partner’s pension. This special partner's pension is paid to your former partner if you pass away and the amount is maximum the height of the partner's pension you have accrued with the Mars Pension Fund. There are several possibilities here:

• Your former partner waives the special partner’s pension. You can have this recorded in the divorce agreement, for instance. You can also apply to us for a waiver declaration by calling us on 088-015 79 20.
• You do not make an agreement, and your former partner will receive a special partner’s pension from us in the event of your death. The standard arrangement is that your former partner is entitled to special partner’s pension.

See this overview for situations in which your former partner is entitled to special partner's pension.

Separating the pension for your former partner (conversion)

The retirement pension and special partner’s pension for your former partner can be separated from your own pension. Your former partner then has their own entitlement to a pension.

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 retirement pension will not be returned to you. Your former partner’s right to retirement pension then lapses to the pension fund.