German pension balancing – special questions 5

German pension balancing – special questions 5

German pension after divorce, special question: What if I get married again? The video gives a short answer: 

If you have a query concerning German pension after divorce, do not hesitate to contact us here.

Dr. Donat Ebert RechtsanwaltLawyer (HU, D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (HU, D)
office-ebert@email.de

German pension balancing – special questions 4

German pension balancing – special questions 4

German pension after divorce – is there a constellation when the share is reduced or zero? The video gives short information: 

If you have an issue with German pension after divorce from your ex-spouse you can get into contact with us here. 

Dr. Donat Ebert RechtsanwaltLawyer (HU, D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (HU, D)
office-ebert@email.de

German pension balancing -special questions 3

German pension balancing -special questions 3

What happens to my claim, if the ex marries again? The video gives a short, clear answer. 

You can contact us here, if you have a query concerning your possible claim to pension after divorce in Germany. 

Dr. Donat Ebert RechtsanwaltLawyer (HU, D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt- Lawyer (HU, D)
office-ebert@email.de

German pension balancing – special questions 2

German pension balancing – special questions 2

What is the legal situation, if ex dies after divorce? The videos gives a short answer: 

If you have a query concerning German pension balancing, you can contact us here

Dr. Donat Ebert RechtsanwaltLawyer (HU, D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (HU, D)
office-ebert@email.de

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 13

German pension after divorce – special questions 13

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). 

Our marriage was really short. Does this affect my claim?

Usually there is no equalisation of pensions if the marriage was shorter than three years, unless one of the parties asks for it. Background of this is probably that in Germany a gain of – let´s say – 35,- € per months is not really worth the trouble. For Germans living in Germany. But there are regions in the world – and we do not have to go to for that – where 35,- € per month matter. So legally you can claim the equalization, practically no matter how long the marriage was. And we would explain to the court that a guaranteed plus of „some“ Euros do matter for our client.

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 12

German pension after divorce – special questions 12

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 signed some paper that I renounce my share of my „ex“´s pension. What now?

This depends. For one thing, such act of renouncing has to happen in a formalized way, for example in front of a notary or in a court procedure. And here it is very questionable, whether a non-German notary and a court abroad will be accepted for this. For another, you should have got some compensation for going without your share of the pension. 

So signing just „some paper“ is definitely not enough. 

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 11

German pension after divorce – special questions 11

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). 

Do I lose anything, if my „ex“ does not cooperate during the legal procedure or if he even „vanishes“?

You lose time, but not money. While the procedure considering the sharing of the pensions is pending, the law prohibits that the pension fund makes any payments to the person entitled. Your lawyer will make sure it does not happen, but of course both the court and the pension fund is aware of that.

So if your „ex“ is so unwise to absolutely not cooperate, you lose some time, but no money. He loses his good standing and has no other gain.  

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 10

German pension after divorce – special questions 10

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). 

What if my „ex“ cannot be forced to cooperate and „vanishes“ somewhere at the other end of the world?

With such behavior he could only delay the course of the procedure considerably, but in the end the court will get the information without him – from the pension funds immediately. The „ex“cannot prevent you what getting what is yours. And the outcome of the legal procedure can well be more negative for him than had he cooperated. No good tactics. 

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 9

German pension after divorce – special questions 9

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). 

What if my „ex“ refuses to cooperate?

Not very advisable for him. The court will force him to do so, finally by imposing fines – which might become expensive for him. And it is never good to annoy judges, nowhere in the world. 

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 8

German pension after divorce – special questions 8

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). 

Does my „ex“ have to cooperate during the legal procedure?

Yes, this cooperation is necessary. The ex-spouse needs to give information about when he worked and where. For this he needs to fill in a very detailed questionnaire. The questionnaire will be sent to him through the court and has to be sent back within a period of time, usually a month. 

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 6

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 5

German pension after divorce – special questions 5

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). 

What happens, if I get married again?

Generally speaking, your new marriage does not matter, it does not affect your claim.

Because the fact that you go into a new marriage does not imply that your pension is safe, does it? On the contrary, the one thing has nothing to do with the other. And – I am sorry, but this is fact: – the new marriage can also end in a divorce. Who would know in the moment that we make our claims. There could only be an exception, if by the new marriage you are so well secured that you do not need the share of the pension, so the sharing of pension would be unjust. Allow me a tasteless example (I am a lawyer, I have to think of everything that is thinkable): You got married again, your husband was ver y rich, but he died early and left you his enormous fortune. Well, this should only be theoretical consideration. So feel free to marry again. 

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 4

German pension after divorce – special questions 4

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). 

In general, when does such claim to share the pension not be existent or be not enforceable ?

In general, you have a claim, if your „ex“ has acquired pension rights in Germany and you have not or you have less then the ex-spouse. 

There is one exception, though: If the claim would be very unjust. What does that mean? You as claimant are very well secured for your old age – for what reason ever – whereas your „ex“ has only his – small – pension. Then it could be unfair towards him, if he has to share the little he has. Example: You win the lottery big time and will be able to spend all your life in luxury. Your „ex“ has only a pension of 450,- € per month. But – how realistic is this constellation? 

Under certain circumstances it is possible that instead of the usual 50 %, you get a reduced share. This is more realistic, but depends on the circumstances of the individual case. 

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de

German pension after divorce – special questions 3

German pension after divorce – special questions 3

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). 

What happens, if my ex-spouse got married again after our divorce?

This is not interesting for your claim, it stays the same, whether your „ex“ got married one more time or even ten more times. You get your share of the pension „only“ with respect to the rights acquired during your marriage. What happens afterwards is none of your concern.  

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. 

Dr. Donat Ebert Rechtsanwalt - Lawyer (D) office-ebert@email.de

Dr. Donat Ebert
Rechtsanwalt – Lawyer (D)
office-ebert@email.de