German pension after divorce – special questions 16

German pension after divorce – special questions 16

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). 

We have to differentiate two constellations here?

If the husband has a higher claim than the ex-wife, then this has to be equalized  This is not a question. And you can absolutely forget about the judges being biased against men. The procedure for equalisation is a very  down-to-earth, it is about objective numbers. Don´t be afraid of women judges who want to get one over on men. Forget it, this is not the case. 

More difficult is the question how an ex-husband gets „out of it“, if he has the only claim for pension. There is a chance, if the sharing of the pension would be against equity. Because the ex-wife is – suddenly – very well off. Maybe she inherited – or whatever. This has to be proven during the procedure. Difficult, but not without a chance. Or the claim is reduced from the 50 % starting point. It depends on the individual case. 

We will check your case. And if we come to the result that you have a claim, we will enforce that for you before the German courts – in a very committed way. 

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.