(2023) What is pension rights adjustment?

Simplified, pension rights adjustment means that in the event of a divorce, all pension entitlements acquired during the marriage are shared equally between the former spouses.

In essence, the partner who has acquired the larger entitlements must give half of the difference to the other partner.

This regulation applies to the following pensions:

• State pension
• Civil service pension
• Professional pension schemes
• Company pension schemes
• Private pension and/or disability insurance

A man had state pension entitlements of 200 Euro before the marriage. During the marriage, these grew to 500 Euro. He also made private provisions during this time and acquired further entitlements of 200 Euro. The woman already had state pension entitlements of 150 Euro before the marriage. During the marriage, these increased to 300 Euro. Company provisions were also made for her, resulting in entitlements of 200 Euro during the marriage.

The man must pay his former wife 150 Euro from the state pension (500 – 200 = 300 : 2 = 150) and 100 Euro from the private pension through the pension rights adjustment. He receives 75 Euro from his ex-wife from the state pension (300 – 150 = 150 : 2 = 75) and another 100 Euro from the company pension.

During the marriage, the man acquired entitlements of 175 Euro, while his wife acquired over 250 Euro. He must therefore balance the difference of 75 Euro.