Most people hear about this step last, yet it involves the largest money in a divorce. The court halves the pension rights both spouses accrued during the marriage — on its own initiative, without anyone requesting it. Your job is not to miss the questionnaire and to fill it in completely.
Pension sharing happens by itself
Pension rights built up during the marriage are split in half by the court automatically — no application needed. The most underestimated part of a divorce: money you will not touch for decades.
✓ Verified: 15/08/2026
WHAT TO DO
› Details and tips
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Max recommends:
I filled in the pension questionnaire in a hurry and forgot an occupational pension from a former employer. It surfaced at the hearing and cost two months of delay.
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Lea recommends:
Whoever earned less or cared for children usually gains most here. If that is you, do not sign any waiver without showing it to your own lawyer first.
FREQUENTLY ASKED QUESTIONS
Do I have to apply for pension sharing? ▾
No. Where the marriage lasted more than three years the court carries it out of its own motion. That is exactly why it gets overlooked: it runs without anyone asking and is decided together with the divorce.
What exactly gets divided? ▾
The rights each spouse built up during the marriage — from the month of the wedding to the month before the petition is served. Each entitlement is halved individually rather than netted into one sum. Anything earned before or after is untouched.
Can we waive it? ▾
Only by notarised agreement, and the court reviews it for validity and fairness. A verbal understanding or a letter is not enough — such an agreement has no effect.
What about a short marriage? ▾
Where the marriage lasted up to three years, sharing happens only on the application of one spouse. If nobody asks, it does not happen — and that is precisely when silence can be expensive for whoever earned less during the marriage.