Pension Rights Adjustment on Divorce

When you divorce, you do not just divide your joint assets – the pension entitlements acquired during the marriage are also split between the spouses. This is done through what is known as the pension rights adjustment (Versorgungsausgleich). For many people, it is the most opaque part of a divorce: which pensions actually count? What happens to your own retirement provision? And can the whole thing be avoided? This article explains the pension rights adjustment step by step – in plain language, but legally precise.

In brief The pension rights adjustment is the equal division of all pension and retirement entitlements that both spouses have built up during the marriage (§ 1 VersAusglG, the German Pension Rights Adjustment Act). The family court (Familiengericht) usually carries it out automatically as part of the divorce. The spouse who has saved less towards a pension during the marriage – for example because of raising children or working part-time – receives compensation in this way. It can only be excluded by a notarised agreement or in rare cases of hardship.

What is the pension rights adjustment?

During a marriage, each partner builds up entitlements to a future retirement income – mostly through the statutory pension, but often also through occupational pensions or private provision. These are frequently unequal: the partner who looks after the children or works part-time accumulates fewer entitlements than the partner in full-time employment. The pension rights adjustment evens this out. Its guiding idea is the principle of equal division (Halbteilungsgrundsatz): the entitlements acquired during the marriage are each split in half between the divorced spouses (§ 1 Abs. 1 VersAusglG). Both are meant to share equally in the retirement savings they built up together.

It is important to distinguish it from its "twin", the equalisation of accrued gains (Zugewinnausgleich). Both govern the financial settlement between the spouses – but in different areas: the equalisation of accrued gains divides the assets built up during the marriage (savings, property, securities), while the pension rights adjustment divides the pension entitlements. Anything divided in the pension rights adjustment is not also included in the accrued gains (§ 2 Abs. 4 VersAusglG) – so nothing is counted twice.

Which pensions and entitlements are divided?

It is not only the statutory pension that is divided. In principle, the pension rights adjustment covers all entitlements that serve to provide for old age or invalidity and are paid out as a pension (§ 2 VersAusglG):

• Statutory pension insurance – entitlements with the Deutsche Rentenversicherung (the German statutory pension insurance).
• Civil service pensions – pension entitlements of civil servants (Beamtinnen und Beamte).
• Professional pension schemes – for example the pension funds (Versorgungswerke) for doctors, lawyers, architects or pharmacists.
• Occupational pensions – company pensions under all funding vehicles.
• State-subsidised private pensions – Riester and Rürup (basic) pensions.

Info – what is NOT included in the pension rights adjustment Pure capital life insurance policies, shares, investment funds, savings balances and other financial investments are not pension entitlements. They are taken into account not here, but in the equalisation of accrued gains. The decisive question is whether a regular pension or a one-off lump-sum payment has been agreed: if the lump-sum option has been exercised on an insurance policy, it moves into the accrued gains.

The marriage period: which period counts?

Only entitlements acquired during the marriage are equalised – not what you save before the wedding or after the separation. This marriage period (Ehezeit) is precisely defined by law (§ 3 Abs. 1 VersAusglG): it begins on the first day of the month in which the couple married and ends on the last day of the month before the divorce petition is served.

An example: if the couple married on 18 June 2008 and the divorce petition was served on 12 September 2025, the marriage period runs from 1 June 2008 to 31 August 2025. This also shows why the timing of the petition is so important – it draws the line.

How is it divided? Internal and external division

Since the reform of the pension rights adjustment in 2009, each entitlement has been divided individually and on its own – in other words, entitlements are no longer offset against each other. The standard case is internal division (§ 10 VersAusglG): the entitlement is split within the same pension scheme. The spouse entitled to the adjustment receives their own, independent entitlement with the same pension provider – for example, their own pension points with the Deutsche Rentenversicherung.

External division (§ 14 VersAusglG) is only considered by way of exception: here, a new entitlement is created with a different provider. This mainly concerns certain occupational pensions. To ensure that this does not lead to noticeable losses, the courts – also at the direction of the Federal Constitutional Court (Bundesverfassungsgericht) – make sure that the value transferred does not shrink unreasonably.

When does the pension rights adjustment take place – and when not?

For a marriage lasting more than three years, the family court carries out the pension rights adjustment automatically, of its own motion – you do not need to apply for it separately. There are, however, two important exceptions:

• Short marriage of up to three years: here, the pension rights adjustment only takes place if one spouse applies for it (§ 3 Abs. 3 VersAusglG).
• Minor amounts: if the values to be equalised are very small, the court should refrain from dividing them (§ 18 VersAusglG) – this avoids unnecessary effort over trivial sums.

Whether a value is "minor" depends on fixed thresholds that are set anew each year. The values at the end of the marriage period are decisive. The following apply for 2026:

Values for 2026, based on the end of the marriage period. For marriage periods that ended earlier, the thresholds applicable at the time apply.

Can the pension rights adjustment be excluded?

Yes – but not simply with a handshake. The spouses can exclude the pension rights adjustment in whole or in part or arrange it differently (§ 6 VersAusglG), for example in a prenuptial agreement (Ehevertrag) or a divorce settlement agreement (Scheidungsfolgenvereinbarung). Such agreements must, however, be notarised (§ 7 VersAusglG); alternatively, they can be recorded as a court settlement at the divorce hearing – in which case, though, both sides need a lawyer.

Tip An exclusion is not automatically valid. The family court reviews the agreement for fairness (§ 8 VersAusglG). If it puts one spouse at a one-sided and unreasonable disadvantage – for example in a classic single-earner marriage without any compensation – it may be invalid. You should therefore always have such a clause reviewed by a lawyer before relying on it.

Irrespective of any agreement, the court may in rare cases refuse the pension rights adjustment if it would be grossly inequitable (§ 27 VersAusglG) – for example after an extremely long separation before the divorce, or if one spouse has grossly breached their maintenance obligations. The hurdles for this are high; mere marital misconduct is not enough.

The pension rights adjustment and the length of the divorce

The pension rights adjustment is often the part that makes a divorce take longest. The reason: after the divorce petition has been filed, both spouses complete the pension rights adjustment questionnaire (form V10), and the court then obtains information from all pension providers. Where there are several entitlements – for example a statutory pension, an occupational pension and a professional pension scheme – it can take months until all of them have responded.

If the process drags on considerably through no fault of the spouses, the pension rights adjustment can be separated from the divorce and the divorce granted in advance (§ 140 FamFG, the German Act on Proceedings in Family Matters). How this fits into the overall proceedings is explained in our article on the divorce process.

What happens to the divided pension after the divorce?

Once the decision becomes final, the entitlement of the spouse obliged to make the adjustment is reduced and the other spouse's is credited accordingly. In certain situations, however, this reduction can be adjusted later:

• Death of the former partner (§ 37 VersAusglG): if the spouse entitled to the adjustment dies, the reduction of your own pension can be reversed on application – but only if he or she has not drawn a pension from the transferred entitlement for more than 36 months, and only for statutory, civil service or professional pension schemes.
• Maintenance (§ 33 VersAusglG): as long as the entitled partner is not yet drawing a pension but is receiving maintenance from you, the reduction of your pension can be temporarily suspended on application.
• Subsequent change in value (§ 51 VersAusglG, §§ 225 f. FamFG): if the value of an entitlement changes significantly, a final decision can be amended within narrow limits.

Frequently asked questions about the pension rights adjustment

What is the pension rights adjustment, in simple terms?

It is the equal division, on divorce, of all pension and retirement entitlements that both spouses acquired during the marriage (§ 1 VersAusglG). The aim is for both to be equally provided for in old age.

Which pensions are divided?

The statutory pension, civil service and professional pension schemes, occupational pensions and state-subsidised private provision paid out as a pension, such as Riester and Rürup (§ 2 VersAusglG). Pure capital investments and capital life insurance policies, on the other hand, belong in the equalisation of accrued gains.

Can the pension rights adjustment be excluded by a prenuptial agreement?

Yes, by means of a notarised agreement or a court settlement (§§ 6–7 VersAusglG). The court will, however, review the exclusion for fairness (§ 8) – if it puts one spouse at a one-sided disadvantage, it may be invalid.

How long must a marriage last for the pension rights adjustment to take place?

It takes place automatically where the marriage period exceeds three years. For a marriage of up to three years, it only takes place if one spouse applies for it (§ 3 Abs. 3 VersAusglG).

What happens if my former partner dies shortly after the divorce – do I get my pension back?

On application, the reduction of your pension can be reversed (§ 37 VersAusglG), but only if the deceased has not received benefits from the transferred entitlement for more than 36 months – and only for statutory, civil service or professional pension schemes.

Do I have to share my private life insurance?

A pure capital life insurance policy is taken into account not in the pension rights adjustment, but in the equalisation of accrued gains. Only contracts paid out as a regular pension fall under the pension rights adjustment.

What is the difference between the pension rights adjustment and the equalisation of accrued gains?

The pension rights adjustment divides pension and retirement entitlements, while the equalisation of accrued gains divides the assets built up during the marriage. The two complement each other and are dealt with separately.

Pension rights adjustment in Munich: have your entitlements reviewed

The pension rights adjustment often involves more than is apparent at first glance – especially with occupational pensions, entitlements from professional pension schemes or pension provision abroad. A careful review of the information provided is worthwhile, because mistakes will affect your pension for the rest of your life. Lawyer Dr. iur. Christina Schmidt is an expert in family law and supports you discreetly, assertively and with a focus on solutions – from calculating the entitlements to drawing up a fair agreement.

For a personal initial consultation, you can reach the firm at Maximilianstraße 2, 80539 München, by telephone on +49 89 244 131 96 or via the contact form. On request, advice is also available throughout Germany and online.

This article provides general information on the pension rights adjustment and does not replace individual legal advice. The thresholds stated reflect the position as of 2026.