In the case of marriages divorced, annulled or declared null and void after July 1, 1977, the pension entitlements acquired by the spouses during the marriage are generally divided equally between the spouses. The same applies to ongoing benefit entitlements (e.g. pensions). These regulations also apply to all registered civil partnerships established from 01.01.2005. Pension equalization does not apply to civil partnerships entered into earlier, unless an application for pension equalization in the event of dissolution of the civil partnership has been filed with the local court by 31/12/2005. Since 01.10.2017, same-sex couples have also been able to marry.
The decision on pension equalization is made by the family court regardless of the type of pension rights.
Among other things, pension rights from the following pension schemes are divided up
- Statutory pension insurance,
- Civil servants' pensions,
- Professional pension schemes (e.g. doctors' pensions),
- Pension scheme for farmers
- pensions for members of parliament and members of government.
