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)