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Pension at NWO-I: your pension pot for later

Getting married or divorced? This has consequences for your pension.

You are getting married or entering into a registered partnership, you decide to move in together or are divorcing your partner. All these steps in your life affect your future pension benefits, as well as those of your partner or ex-partner(s). This month in our series on pension, we explain what committing to a partner, or splitting up, means for your pension.

Retirement pension and partner’s pension 

There is a difference between retirement pension and partner’s pension Retirement pension is the pension you receive if you have accrued pension through a pension scheme, in your case with ABP as an NWO-I employee. In a marriage or registered partnership, an ex-partner is entitled to part of this retirement pension if you decide to end the marriage or registered partnership (see more under ‘You’re getting divorced’). With a cohabitation contract, this is not the case. 
 
Partner’s pension is a benefit that your partner or ex-partner automatically receives after your death. This is also possible in the case of a cohabitation contract, provided you have documented this in the contract. In June’s Inside NWO-I, we devote more attention to retirement and death. You can choose to increase your retirement pension with part of the partner’s pension when you retire. This can only be done with the consent of your partner or ex-partner. If you die, your partner or ex-partner will then receive a reduced partner’s pension. 

Moving in together? Arrange your partner’s pension 

Planning to live together but not getting married or registering a civil partnership? There are significant legal differences. To ensure your partner is still eligible for a partner’s pension in the event of your death, you need to draw up a cohabitation contract. This states that you provide for each other’s livelihood. A cohabitation contract must be signed by a civil-law notary.  

You can only arrange a partner’s pension under certain conditions: for example, as a parent, you are not allowed to do this for your child, but you can do this for a sibling. You may only arrange partner’s pension with a partner who is not married to or in a registered partnership with someone else. Read these terms and conditions before you register your partner with ABP. 

If the relationship ends after you have been living together or if you die, and you are not married or are not in a registered partnership, your partner is not entitled to your retirement pension. In this case, your partner is only entitled to your partner’s pension if you have stipulated this in your cohabitation contract. 

You’re getting divorced: retirement pension 

If you get married or enter into a civil partnership, you can make arrangements about whether you share in each other’s retirement pensions. If you do not make arrangements, ending a marriage or registered partnership has many consequences for your pension. Your ex-partner is entitled to the part of your retirement pension that you accrued during your marriage (and this also applies vice versa: you are entitled to a part of any retirement pension your ex-partner has accrued). This concerns the part that the two of you have accrued as partners from the date of marriage to the divorce date. You can make arrangements for this in three ways: 

1. Equalisation

 Your ex-partner will receive half of the retirement pension you accrued during the duration of this partnership. This is called ‘equalisation’ (Equalisation of Pension Rights in the Event of a Divorce Act). If you notify ABP within two years of the divorce that you opt for this, ABP will pay the partner’s part directly to your ex-partner from your retirement date. Has your ex-partner died? Then this partner’s pension will again be available to any new partner. In that case, you can also choose to use this partner’s pension (when you retire) to increase your own retirement pension.

2. Conversion 

With this choice, ABP merges the part of your retirement pension (to which your ex-partner is entitled) with the partner’s pension (that your ex-partner would receive upon your death). These two amounts constitute an own retirement pension for your ex-partner. This is how ABP creates an ‘own’ pension pot for your ex, so to speak. ABP pays this to your ex-partner and you will no longer have any obligations to your ex-partner. If you opt for ‘conversion’, you and your ex-partner must apply for this with ABP. 

3. No division

You can also agree not to divide the accrued pension. In that case, you must have included this in the pre/postnuptial agreement made upon/in the context of your marriage or registered partnership, or in the divorce settlement at the time of divorce.  

You’re getting divorced: partner’s pension 

Together with your partner or ex-partner, you can also decide that your partner or ex-partner will not receive a partner’s pension when you die. This requires the consent of both partners or ex-partners. You can already agree to this during a marriage or registered partnership, but it can also be part of the arrangements made at the time of divorce. You must always notify ABP of this in writing. If your partner or ex-partner formally waives this right to a partner’s pension, you can use it to increase your retirement pension.  

State pension benefits (AOW) 

AOW stands for the General Old Age Pensions Act. The AOW provides for the basic state pension in the Netherlands. The level of your state pension changes in line with your living situation. There are two types of state pension benefits, which differ in amount: for single people and for cohabitants/married people.  

Your status when you reach state retirement age determines which benefit you are entitled to at that time. Are you single due to divorce or because of the death of your partner? Then you will receive a pension benefit for single people. Are you retired and moving in together, entering into a registered partnership or marriage? You will then no longer receive the state pension for single people, but instead the state pension benefit for cohabiting or married people.  

Check MijnABP to see what amount you will receive on your retirement date. In some cases you are entitled to a supplement to your pension.  

The entitlement to a state pension is personal and you never have to divide your state pension if you separate. Are you splitting up while already receiving state pension? Then you will receive a higher state pension benefit as a single person. If you want to know more about this, look on the website of the Sociale Verzekeringsbank.

Remarrying: what then? 

You are remarrying or entering into a registered partnership with a new partner after a divorce. Then your new partner will be entitled to the partner’s pension accrued since your previous divorce. Partner’s pension (on your death) is lower if your ex-partner(s) is/are entitled to part of your accrued pension. Only if an ex-partner has waived their right to a partner’s pension will this pass to your new partner. In that case, record this properly with ABP.   
 
If your previous partner has died and you marry a new partner before your state retirement date, your new partner will be fully entitled to a partner’s pension through marriage or registered partnership. If you cohabit unmarried with a cohabitation contract, you can also record this right to a partner’s pension. 

Single 

Are you single at the time of your retirement and have no ex-partner? Then you will receive a retirement pension that you do not have to share and you can use accrued partner’s pension to increase your retirement pension.  

  • ABP’s website has a lot of information about getting married, cohabiting or separating: Change in pension: cohabitation, marriage or divorce | ABP      
  • Please note that the information in these Inside NWO-I newsletters is general and informative in nature. No rights may be derived from these newsletters. For up-to-date information and advice, see www.abp.nl and MijnABP, where you can view your personal data after logging in. 
  • In May’s Inside NWO-I, we delve deeper into disability, death and retirement.  

Pension  

As an NWO-I employee, you accrue income for later: your pension. Each month, both NWO-I and you put money aside, the pension premium. That money is managed by Algemeen Burgerlijk Pensioenfonds (ABP: a pension fund for the government and education sectors). When you reach pensionable age, ABP starts disbursing your pension in monthly instalments. 

Registering your partner 

If you get married or register your partnership before you reach state pension age and you live in the Netherlands, your partner will be registered with ABP. ABP receives all information on marriage, registered partnership, divorce, death and death of your partner from the municipality where you live. This information is provided via the Personal Records Database (BRP).   

Registering your partner if you get married abroad 

If you live abroad and are getting married or registering your partnership there, ABP does not automatically receive the details of the marriage or partnership from the Personal Records Database. To ensure that your partner is entitled to a partner’s pension, the marriage must be recorded in ABP’s records. ABP requires a copy of the marriage or partnership certificate for this purpose. You can send this to ABP via this digital contact form. Or by post.  

For further information, you can also consult ABP’s website: Change in pension: cohabitation, marriage or divorce | ABP       

Petra Vastenhouw on her divorce and the impact on her pension

Petra Vastenhouw (57) has been a communications advisor at AMOLF since 2007. She got married in 2004 and has a son, now 19 years old. In 2019, she and her partner decided to divorce, after 15 years of marriage.   
 
“We opted to equalise our pension: upon his retirement, I will receive 50% of my ex’s pension accrued during our marriage, and he will receive 50% of my pension. But, my retirement age is – for now – 67 years and three months, and my ex is three years younger than me and is retiring later. So, on my retirement date, I have to wait another three years until I receive the share in his pension. That gap is something I need to think about. There are two pieces of advice I would give all my colleagues in this regard:  

  • Get the support of a good mediator or lawyer if you get divorced. When you get divorced there is already a lot of noise, alimony and pension calculations are heavy stuff, and you are thinking less clearly because of all the emotions. So it’s very nice to have someone stand up for you in the discussions.  
  • Take the time to sit down and map out your future finances. Your retirement age is closer than you think and it could be wise to save extra.” 

Text: Anita van Stel

Newsletter Inside NWO-I, April 2025
You can find the archive of the newsletter Inside NWO-I on the NWO-I website.

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