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Constellations of pension rights equalisation in Germany, first case

The basic constellation is that a German couple lives in Germany, they are married for a longer time, they work, one of them or both are paying into the pension fund. 

Then they get divorced in Germany under German law.

The court will then „ex officio“, so in other words „automatically“, equalise the pension rights – their legal expectations to get a pension after retiring – between them. The one who will get more will share his/her plus with the other one. Of course not all of it, but proportionally to the time they were married. 

The idea behind it is that „pension rights“ are an achievement of the marriage – so a common achievement. This is why it would be unjust to leave one spouse with less than the other. 

The very advantageous thing about it is that the spouse then gets an immediate claim towards the pension funds. And thus does not have to turn to – or sue – the spouse to get it. 

There are very few legal systems that have such a well-working system. And such a just and fair one. 

In the constellation described above, everything should work well. It is hardly imaginable that the court „forgets“ or otherwise misses to go through the equalization.

Problems might later on arise, when the equalization needs to be adapted for a variety of reasons.

If you have an issue in this context, you can contact us here

Dr. Donat Ebert Rechtsanwalt - lawyer office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – lawyer
office-ebert@email.de

 

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