When you get divorced, the division of pension rights also comes into play. This is also the case when foreign pension schemes are involved. Which schemes fall under the Pension Rights Equalisation Act (Wvps)? And when is it (un)reasonable for the pension to be divided in full? The Court of Appeal in 's-Hertogenbosch recently considered this question in an interesting case (ECLI:NL:GHSHE:2025:1188). This article explains the legal framework and the significance of this ruling.

What is the equalisation of pension rights in the event of divorce?

The Wvps regulates the division of old-age pensions accrued during marriage. In principle, both spouses are entitled to half of the old-age pension accrued by the other during the marriage. This right also applies to foreign pensions, provided that there is an arrangement comparable to a Dutch pension.

Typical situations in which this applies are marriages in which one of the spouses has worked abroad and accrued pension there, for example when working in Germany or Belgium.

The law and foreign pension schemes

Section 1(8) of the Wvps stipulates that the law also applies to pensions accrued under a foreign pension scheme, as long as Dutch law applies to the matrimonial property regime. This means that the foreign pension must be equalised as if it were a Dutch pension, provided that it is sufficiently comparable.

On 13 July 2018 (ECLI:NL:HR:2018:1219) the Supreme Court ruled that a foreign old-age provision falls under the Wvps if it fulfils a similar function in the social order of that country as a Dutch pension. It does not therefore have to meet all Dutch requirements, as long as it is equivalent in function.

Please note: social security benefits such as the AOW or Belgian retirement pensions are not covered by the Wvps. This has been confirmed in previous case law (See for example: ECLI:NL:RBZWB:2013:11280).

What was the issue in the ruling of 24 April 2025 (ECLI:NL:GHSHE:2025:1188)?

In this case, the man had worked in Germany during the marriage and had accrued a so-called “Altersrente” there. The woman claimed equalisation on the basis of the Wvps.

The Court of Appeal ruled that the Altersrente did qualify as an old-age pension within the meaning of the Wvps. An important factor in this ruling was that this provision was based on years of service and salary, just like the Dutch employee pension. The Altersrente was therefore not merely a social security benefit such as the AOW, but a performance-related old-age provision.

Nevertheless, the equalisation was partially limited. This was because the man had not accrued any AOW during the marriage (due to working in Germany), while the woman had accrued full AOW. Unrestricted equalisation in this case would mean that the wife would receive both the full AOW and half of the Altersrente, while the husband, due to their joint decision (no AOW contributions in the Netherlands), would only receive half of his German pension. The Court of Appeal considered this unacceptable.

The Court of Appeal therefore ruled:

1. Until the man's state pension age (19 October 2024), the Altersrente had to be divided in full.
2. After that, the man could first “compensate” for the missed part of the state pension with his Altersrente.
3. Only the remainder would then remain to be equalised.
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Relevant case law in similar cases

• Supreme Court 13 July 2018, ECLI:NL:HR:2018:1219: Functional approach to foreign pensions: it is the function that matters, not the exact characteristics.
• District Court of The Hague 5 April 2022, ECLI:NL:RBDHA:2022:3759: Italian pension fell under the Wvps.
• Court of Appeal Arnhem-Leeuwarden 21 November 2022, ECLI:NL:GHARL:2022:10007: Foreign pension was deemed sufficiently equivalent and therefore compensable.
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Practical advice

It is therefore important to assess the nature of the foreign pension: is it a work-related provision or a social security benefit such as state pension? It is also useful to have the correct documents and evidence. Request statements from the foreign pension fund about accrual and conditions. Check carefully how the state pension (AOW) accrual works. Missing or reduced state pension accrual may be grounds for moderating the equalisation.

Conclusion

The ruling of the Court of Appeal in 's-Hertogenbosch confirms that foreign pension rights may fall under the Wvps, provided that they are comparable in function to Dutch schemes. At the same time, the ruling shows that reasonableness and fairness may justify a reduction, especially in cases of uneven AOW accrual. If you have accrued pension rights abroad, we advise you to seek legal advice in good time and, together with your lawyer, investigate whether, for example, consultation with the person entitled to equalisation could lead to tailor-made agreements that can be included in a divorce settlement.

Do you have questions about pension division in divorce cases? Please contact Angelique van den Eshoff of SPEE advocaten & mediation. She specialises in family law and inheritance law. She will be happy to advise you on your rights and obligations in the United Kingdom and abroad.