There are many considerations to take into account when getting divorced, be it in relation to your children or in relation to your house, debts and pensions. If you or your spouse is a civil servant, it’s worth considering whether you or your former spouse are entitled to preserve your spouse’s pension.
If you or your spouse is a civil servant, your employment entitles you to a surviving spouse’s pension in the event of the death of the civil servant. If you are separated or divorced before the death, you may in some cases retain the right to the spouse’s pension.
In order to retain your right to a spouse’s pension in connection with separation or divorce, there are a number of requirements that must be met:
- The official shall be liable to pay maintenance to the separated spouse,
- The parties have been married for at least 5 years and
- The official must have a pension scheme that is part of an employment relationship and includes a collectively calculated spouse’s pension.
In addition, the entitlement is limited to the contribution period, there is a requirement that you do not remarry and that you report your entitlement to spouse’s pension to the pension institution.
For at kunne bevare sin ret til ægtefællepension i forbindelse med separation eller skilsmisse, er der en række af krav, som skal være opfyldt.
Although the requirements may seem straightforward, there are several pitfalls that we regularly see. For example, this happens when you agree on spousal support where the Family Court had not assessed that there is a real obligation to pay support. Similarly, the calculation of the 5 years of marriage can also give rise to challenges if you are not aware of any intervening periods of separation.
If the civil servant later marries and then passes away, the surviving spouse risks having to share the spouse’s pension proportionally with the civil servant’s former spouse. Therefore, civil servants should also be aware that agreements on the obligation to contribute may affect their surviving spouse – and later spouses.
Frequently asked questions about spouse pension and divorce:
When life takes an unexpected turn and you are facing a divorce or separation, many questions often arise around the financial and legal aspects, including spousal pensions. To help you navigate this complex situation, we have put together a few examples of questions we encounter in our everyday work regarding spousal pensions in the context of divorce. Our goal is always to provide you with the knowledge and tools you need to make informed decisions about your future.
What is spouse pension and who is eligible for it?
A spouse’s pension is a type of pension paid to the surviving spouse when a retired person dies. Eligibility for a spouse’s pension depends on specific pension schemes and conditions set by the pensioner’s employer or pension fund. In many cases, it requires the marriage to have lasted a certain period of time before the pensioner’s death.
What should I do to secure my right to a spouse’s pension upon divorce?
To secure your right to a spouse’s pension upon divorce, it’s important to:
- Get a clear understanding of pension scheme rules,
- Ensure that the spousal pension is taken into account in the divorce agreement,
- Report your spouse pension claim to the pension institution within the applicable deadlines,
- Consider seeking advice from a lawyer specializing in family law to ensure all legal aspects are covered.
Can spousal support agreements affect my spousal pension?
Yes, spousal support agreements can play a role, especially if they reflect an obligation to contribute, which can be a prerequisite for maintaining the right to spousal pension after divorce. It is important that such agreements are properly documented and take into account the rights and obligations of both parties.
Remember that every situation is unique and it is important to seek professional advice to ensure that your rights and interests are protected.
