A retirement account is divorced.
In supply balance method you need to share the acquired during married life pension, the so-called entitlements, with your spouse. The background is that the legislature assumed that the wives were employed as a result of parenting hardly or not and could operate in this time, no retirement. They should consequently benefit from the retirement of her partner, who was working during that time.
The supply compensation is ex officio
- The amount of the supply balance constitutes the Family Court. They have virtually no impact on the calculation of pension rights or the value in dispute.
- In calculating these breeds are considered: statutory pension insurance of employees, the workers and the miners' pension insurance, pension rights from the civil service and public service pensions, benefits a company pension, benefits from occupational pension schemes and benefits from private insurance contracts, provided that they are intended for retirement ,
- Pensions under the Federal Supply Act, the statutory accident insurance, according to the Compensation Act or the Compensation Act and parenting services are not considered.
Pension times must be
- To calculate you have to fill and your partner a questionnaire and submit it to the Family Court. After clarification of absenteeism the respective pension institution transmits the currently existing entitlements to the court. You will receive a copy of it.
- The pension insurance reserve at the instance of the Court of the calculated sums of your retirement account to the retirement account of your spouse to.
- Decisive are the months between the date of your marriage and the divorce application to the court. Live for some time separated the justified in the separation time entitlements will be charged.
Example for the compensation of pension rights
- Example: You have purchased a state pension of 2,000 € during the marriage an entitlement. Your wife has an entitlement of 500 €. The your wife is entitled compensation is then half the difference between the two entitlements, so: 2000 - 500 = 1500: 2 = 750. From your insurance account is therefore deducted the vesting of 750 € and credited to the account of the wife. You then have both a defined benefit of 1,250 €.
- The resulting gap can be offset by increases in contributions or payments naturally again.
- The overwritten during the supply balance your spouse entitlements can be transferred back again to your retirement account if the spouse dies and has a maximum of two years based pension. You will then receive your eligibility back to 100% back.
Retired privilege prevents misuse
- As retirees enjoy the privilege pensioners. Thereafter, the supply balance occurs only when the compensation payment spouse also retires. This gives you paid your full pension until retirement your former spouse. Only then the compensation is effective. The pensioners privilege is especially interesting for couples with a large age difference.
- You can exclude the supply balance in a marriage contract. He is, however, not apply if you file for divorce within one year after signing the contract. An agreement shortly before the divorce application requires the approval of the family court.
Amount in dispute is at least 1,000 €
- The dispute, which is decisive for determining the method charges, is generally twelve times the transferred amount, but at least 1000 €.
- 750 € transferred, resulting in a dispute of 9,000 €.