German pension after divorce – special questions 6
We have already described that spouses have to share the pension rights after the divorce, if one of them has acquired a pension in Germany during the marriage . It is irrelevant where the divorce took place and according to which foreign law (not German law).
I live separate from my husband, but we are not divorced yet.
For the claim to share the pension rights after German law, a legal divorce is necessary. If you are separated, you might have a different claim according to your national law. But no claim towards the German pension.
The longer the marriage – if only formally – lasts, the longer is the period that has to be considered. If during the separation, your husband still pays into the German pension fund, your claim will also grow.
If you slowly go towards retiring, you might consider getting a divorce. For this you should get some competent advice, also on the basis of the regulations of German law.
We will check, if you have a claim in Germany towards the pension rights of your ex-spouse. And if we come to the result that you have a claim, we will enforce that for you before the German courts.
Thus we can probably considerably improve your old age benefits, maybe even secure your old age through a guaranteed pension from Germany.
If you think you might have a claim, you can contact us here. We are happy to assist you in getting what is yours in Germany.