Whatever both spouses build up in Anwartschaften (pension entitlements) during the marriage is divided between them on divorce – in half and, as a rule, automatically. The term sounds unwieldy; the idea is simple.
Internal division
Each Anrecht (entitlement) is divided separately, as a rule internally (interne Teilung, § 10 VersAusglG): the spouse entitled to the adjustment receives their own entitlement within the same pension scheme. No money flows between the spouses – a separate account with the same provider.
Built up during the marriage · § 3 I
e.g. statutory pension, company pension, civil-service pension, Riester / Rürup
Spouse A
Spouse B
No money changes hands. Each then holds their own entitlement independently – with the same pension provider.
One pension account becomes two.
Whatever retirement provision arose during the marriage counts as a joint achievement. Above all it protects whoever stepped back professionally for the family.
The core
Whatever provision arises during the marriage counts as a joint achievement – and is divided.
Often one partner builds up more retirement provision than the other – because they earn more, or because the other looks after the children and steps back at work. This way each takes the same security for old age with them, regardless of who earned how much.
Scope
Every entitlement to old-age or invalidity provision from the Ehezeit (marriage period, § 2 VersAusglG).
These include the statutory pension, civil-service and professional pension schemes, occupational pensions and private pensions such as Riester or Rürup.
Only the marriage period counts. It begins with the month of marriage and ends on the last day of the month before the divorce petition is served (§ 3 para. 1 VersAusglG).
Division
Each entitlement separately, as a rule internally (§ 10 VersAusglG).
The spouse entitled to the adjustment receives their own entitlement within the same pension scheme – one pension account becomes two. Both then hold their share independently: no money flows between the spouses, but a separate account with the same provider.
Procedure
Yes – the court carries it out of its own motion; no application is needed.
It runs as part of the divorce proceedings. That is precisely what often prolongs the matter: the court obtains statements from all pension providers, and their queries are the most common reason a divorce hearing is postponed.
Here you can set the pace. Complete the pension providers’ questionnaires promptly and in full – every open query costs weeks.
Exceptions
In a short marriage and with minor entitlements.
In a short marriage of up to three years the pension rights adjustment only takes place if a spouse expressly applies for it (§ 3 para. 3 VersAusglG) – otherwise it is omitted.
If individual entitlements or the differences in value are only minor, the court may refrain from the adjustment on grounds of proportionality (§ 18 VersAusglG). That spares everyone the effort over tiny amounts.
Structuring
Yes – by a notarised agreement in a prenuptial agreement or in a divorce settlement agreement (§§ 6–8 VersAusglG).
Both spouses can exclude it entirely or arrange it differently.
This is not without consequences. A waiver directly affects your security in old age – which is why the family court reviews such agreements for validity and fairness. Take advice before you sign: the consequences often only show decades later.
Calculator
What happens to the pension entitlements in a divorce? Our pension-sharing calculator halves each entitlement built up during the marriage on its own (internal division, § 10 VersAusglG) and shows what passes to the other’s own account – with pension-point conversion and the § 18 note. Free and with nothing transmitted.
Services
From the first assessment to the final, binding division – so that no entitlement and no deadline is left behind.
We clarify which entitlements count and what the adjustment means in concrete terms for your security.
We review the pension providers’ statements and recalculate the division – nothing is left undone.
We complete the questionnaires with you promptly and in full – every query would otherwise cost weeks.
We check whether the adjustment is omitted or comes out smaller – in a short marriage or with minor entitlements.
We draft a waiver or an alternative arrangement and check its validity – before you sign.
We represent you until the pension rights adjustment is settled with final and binding effect.
The pension rights adjustment is part of the bigger picture – how it differs from assets, read under Assets & equalisation of gains.
Step by step
Five stages from the marriage-period window to internal division – the court handles most of it.
From the month of marriage to the end of the month before the petition is served.
§ 3 I VersAusglGGather all entitlements built up during the marriage across all providers.
all providersPromptly and in full – here you can set the pace.
set the paceThe court obtains the statements and calculates the adjustment – of its own motion.
of its own motionWith the court order each receives their own entitlement – one account becomes two.
§ 10 · court orderTypical sequence – may differ in individual cases, as at 2026.
Frequently asked
Yes. The family court carries it out of its own motion together with the divorce; no application is needed – it runs as part of the divorce proceedings. Only in a short marriage of up to three years does it take place solely on application (§ 3 para. 3 VersAusglG).
Every retirement provision built up during the marriage – the statutory pension, civil-service and professional pension schemes, occupational pensions as well as private pensions such as Riester or Rürup (§ 2 VersAusglG). Only the portion acquired during the marriage period counts.
Each entitlement is divided within its own pension scheme (§ 10 VersAusglG). The spouse entitled to the adjustment receives their own account there – not money from the other, but their own pension entitlements (Anwartschaften) with the same provider. One pension account becomes two.
Yes, by a notarised agreement – in a prenuptial agreement or in a divorce settlement agreement (Scheidungsfolgenvereinbarung) (§§ 6–8 VersAusglG). The family court does, however, review such agreements for validity and fairness, because a waiver directly affects your security in old age.
Sources
The provisions mentioned in the text in their official wording at the “Gesetze im Internet” portal of the Federal Ministry of Justice.
Contact
Choose whichever way feels right for you – we reply personally, usually within one business day.
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