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=U5= Sec1587a -- Section 1587a Claim for equalisation
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=S=> BGB 1587a. 1 The spouse who is the person obliged for equalisation purposes is the spouse with expectancies or prospects of a pension to be equalised which are of higher value . The entitled spouse has a right to half of the difference in value as equalisation .
=S=> BGB 1587a. 2 In order to determine the difference in value , the following values are to be used as a basis : In the case of a pension or pension expectancy arising from an employment relationship under public law or from an employment relationship with a claim to a pension under civil service law provisions or principles , the basis is to be the amount that would be the pension at the date when the divorce petition is first pending at court . In this calculation , the pensionable period of service worked until this date is increased by the time until retirement age ( total period ) . The decisive value is the part of the pension that corresponds to the proportion of the pensionable period of service falling in the period of the marriage to the total period . Increases on the basis of accidents are disregarded . In this respect , the official emoluments of retired professors are equivalent to pensions and the provisions of civil service law on pensionable length of service apply with the necessary modifications . In the case of pensions or pension expectancies from the statutory pension scheme , the calculation is to be based on the amount of the full old-age pension that would apply at the end of the period of the marriage on the basis of the pension credit points relating to the period of the marriage , without taking into account the accrual factor . In the case of payments , expectancies or prospects of payments of an occupational pension plan , a)if , on the date when the divorce petition is first pending at court , the time of employment continues , the basis is to be the part of the pension that corresponds to the proportion of the time of employment falling into the period of the marriage to the time from the beginning of the time of employment until the fixed retirement age provided in the pension terms ; times equivalent to the time of employment are to be included ; the pension is calculated on the basis of the amount that would result when the spouse reached the fixed retirement age provided in the pension terms if the bases of assessment at the date when the divorce petition is first pending at court were taken as the starting point ; b)if , before the date when the divorce petition is first pending at court , the time of employment has ended , the basis is to be the part of the pension acquired that corresponds to the proportion of the time of employment falling into the period of the marriage to the total time of employment ; times equivalent to the time of employment are to be included . This does not apply to payments or expectancies of payments under an insurance relationship with an additional civil-service pension organisation ; no . 4 letter c is to govern these . For expectancies or prospects of payments from the occupational pension plan that are not yet non-forfeitable at the date when the decree is pronounced , the provisions on contractual equalisation of pension rights apply . In the case of other pensions or similar recurring payments that are intended to serve as a pension for old age or reduced earning capacity , or expectancies or prospects of these , a)if the pension or payment is assessed on the basis of the duration of a creditable period , the basis is to be the amount of the payment that would follow from the creditable period falling in the period of the marriage if the pensionable event had occurred at the date when the divorce petition was first pending at court ; b)if the pension or payment is not assessed or not only assessed on the basis of the duration of a creditable period , nor under letter d , the basis is to be the partial amount of the full pension or payment under the pension terms that corresponds to the proportion of the time that falls into the period of the marriage that is to be taken into account in assessing this pension or payment to its expected total duration until the retirement age that qualifies for the payment of the pension ; c)if the pension or payment is assessed on the basis of a fraction of contributions paid , the basis is to be the amount that would be payable on the basis of the contributions made for the period of the marriage if , when the divorce petition is pending at court , the insured event had occurred ; d)if the pension or payment is assessed on the basis of the principles applying to statutory pension insurance , the basis is to be the partial amount of the old-age pension that would be payable when the divorce petition is first pending at court , which corresponds to the proportion of the years of coverage falling in the period of marriage to the total number of years of coverage to be taken into account . In the case of pensions or pension expectancies on the basis of an insurance contract that was entered into to provide a pension for the insured , a)if it is an insurance policy with a duty to pay premiums continuing beyond the date when the divorce petition is first pending at court , the basis is to be the amount of pension that the insurer would pay if the policy were first converted into a paid-up insurance policy , if the insured event had taken place at this date . If premiums for the period before the marriage have also been paid into the insurance policy , the pension amount is to be assessed at a correspondingly lower figure ; b)if there is no duty to pay premiums continuing beyond the date when the divorce petition is first pending at court , the basis is to be the amount of pension that would be payable as a payment of the insurer if at this date the insured event had occurred . Letter a sentence 2 applies .
=S=> BGB 1587a. 3 In the case of pension payments or expectancies or prospects of a pension under subsection ( 2 ) no . 4 , the value of which does not rise in the same way or in almost the same way as the value of the expectancies named in subsection ( 2 ) nos . 1 and 2 , and in the cases of section 2 no . 5 the following applies : if the payments are made from cover fund or a comparable insurance reserve , the basis is to be the standard old-age pension that would be payable if the part of the cover fund built up during the marriage or the part of the insurance reserve falling into this period had been paid into the statutory pension insurance scheme as a contribution ; if the payments are not or not exclusively made from a cover fund or a comparable insurance reserve , the basis is to be the standard old-age pension that would be payable if the cash value of the part pension for the date when the divorce petition is first pending at court were assessed and were paid into the statutory pension scheme as a contribution . Detailed provisions on the assessment of the cash value are laid down by the federal government by statutory order with the approval of the Federal Council [ Bundesrat ] .
=S=> BGB 1587a. 4 Payments of expectancies or prospects of payments of an occupational pension plan under subsection ( 2 ) no . 3 are governed by subsection ( 3 ) no . 2.
=S=> BGB 1587a. 5 If the pension is not assessed by the valuation standards set out in the above subsections , the family court determines the pension to be equalised , applying the above provisions with the necessary modifications at its reasonably exercised discretion .
=S=> BGB 1587a. 6 If a spouse is entitled to more than one pension expectancy in the meaning of subsection ( 2 ) no . 1 , then to assess the value , the basis is to be the total pensions and related benefits arrived at after applying rules on suspension of benefits and the total pensionable length of service falling in the period of the marriage ; an analogous procedure is to be followed if the pension , on account of periodical payments or a similar recurring payment , were subject to a term relating to the suspension or set-off of benefits .
=S=> BGB 1587a. 7 For the purposes of evaluation under subsection ( 2 ) , no account is taken of the fact that a qualifying period , minimum employment period , minimum insurance period or other requirements as to time that are essential for the pension have not yet been completed at the date when the divorce petition is first pending at court ; subsection ( 2 ) no . 3 sentence 3 is unaffected . This does not apply to periods of time on which the pension based on minimum income is dependent in the statutory pension schemes .
=S=> BGB 1587a. 8 When the value is calculated , the supplementary allowances contained in a benefit , pension or payment that are only granted on the basis of an existing marriage , and children's allowances and similar family-related elements are to be left from account .
=U5= Sec1587b -- Section 1587b Transfer and establishment of pension expectancies by the family court
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=S=> BGB 1587b. 1 If a spouse , in the period of the marriage , has acquired pension expectancies in a statutory pension scheme in the meaning of section 1587a ( 2 ) no . 2 and if these exceed the expectancies in the meaning of section 1587a ( 2 ) no . 1 and 2 which the other spouse has acquired in the period of the marriage , the family court transfers to that spouse pension expectancies in the amount of half of the difference in value . The details are governed by the provisions on statutory pension schemes .
=S=> BGB 1587b. 2 If , in the period of the marriage , a spouse acquired an expectancy in the meaning of section 1587a ( 2 ) no . 1 from a public-law corporation , institution or foundation , one of their associations including the central organisations or one of their joint associations , and if this expectancy , alone or together with a pension expectancy in the meaning of section 1587a ( 2 ) no . 2 exceeds the expectancies in the meaning of section 1587a ( 2 ) nos . 1 and 2 that the other spouse acquired in the period of the marriage , the family court establishes for the latter pension expectancies in a statutory pension scheme in the amount of half of the difference in value still remaining after the application of subsection ( 1 ) . The details are governed by the provisions on statutory pension schemes .
=S=> BGB 1587b. 3 To the extent that the equalisation is not to be undertaken under subsection ( 1 ) or 2 , the spouse who is the person obliged must pay , as contributions to establish expectancies in a particular pension in a statutory pension scheme for the spouse entitled , the amount that is necessary in order to equalise the difference in value;* ) this applies only as long as the spouse entitled has not yet satisfied the requirements for an old-age pension from a statutory pension scheme . The details are governed by the provisions on statutory pension schemes . Pension expectancies to be transferred under subsection ( 1 ) or to be established under subsection ( 2 ) are to be included in the equalisation ; by way of set-off , only one equalisation is to be made .
=S=> BGB 1587b. 4 If the transfer or establishment of pension expectancies in the statutory pension schemes would probably not take effect to the advantage of the person entitled , or if the equalisation of pension rights in this form , in the circumstances of the case , would be uneconomical , the family court should , on the application of one party , make different arrangements ; section 1587o ( 1 ) sentence 2 applies with the necessary modifications .
=S=> BGB 1587b. 5 The monthly amount of the pension expectancies in the statutory pension insurance schemes to be transferred under subsection ( 1 ) or to be established under subsections ( 2 ) and ( 3 ) , together with the monthly amount of the pension expectancies already established in the statutory pension schemes of the spouse entitled to equalisation may not exceed the maximum amount set out in section 76 ( 2 ) sentence 3 of Book Six of the Social Security Code [ Sozialgesetzbuch ] .
=S=> BGB 1587b. 6 When pension expectancies in the statutory pension insurance are transferred or established , the family court must order that the monthly amount of the pension expectancies to be transferred or to be established is to be converted into pension credit points .
=S=> BGB 1587b.* ) Note : This half-sentence is void , by the judgment of the Federal Constitutional Court [ Bundesverfassungsgericht ] of 27 January 1983 ( Federal Law Gazette [ Bundesgesetzblatt ] I p . 375 ) .
=U5= Sec1587c -- Section 1587c Restriction or end of equalisation
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=S=> BGB 1587c There is no equalisation of pension rights to the extent that claiming on the person obliged , taking into account the circumstances of both parties , in particular the acquisition of assets on both sides during the marriage or in connection with the divorce , would be grossly inequitable ; here , the mere fact that circumstances led to the breakdown of the marriage does not mean that they may be taken into account ; to the extent that the person entitled , in expectation of the divorce or after the divorce , by acts or omissions , has brought about a situation where expectancies or prospects of a pension to which he is entitled and which were to be equalised under section 1587 ( 1 ) did not come into existence or ceased to exist ; to the extent that the person entitled , during the marriage , for a long period of time grossly violated his duty to contribute to the family maintenance .
=U5= Sec1587d -- Section 1587d Suspension of the duty to establish pension expectancies
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=S=> BGB 1587d. 1 On the application of the person obliged , the family court may order that the duty under section 1587b ( 3 ) is suspended as long as and to the extent that the person obliged would be inequitably burdened by the payment , and in particular would become incapable of maintaining himself appropriately and satisfying his statutory maintenance duties towards the divorced spouse and the persons entitled with equal priority with the divorced spouse . If the person obliged is in the position to pay instalments , the court must also lay down the amount of the instalment payments for which the person obliged is liable .
=S=> BGB 1587d. 2 The family court may , on application , set aside or alter a final and absolute decision if the circumstances have substantially changed since the divorce .
=U5= Sec1587e -- Section 1587e Duty of information ; extinction of claim to equalisation
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=S=> BGB 1587e. 1 The equalisation of pension rights under section 1587b is governed by section 1580 with the necessary modifications .
=S=> BGB 1587e. 2 On the death of the person entitled , the equalisation claim expires .
=S=> BGB 1587e. 3 The claim for payment of contributions ( section 1587b ( 3 ) ) also expires as soon as contractual equalisation of pension rights under section 1587g ( 1 ) sentence 2 may be demanded .
=S=> BGB 1587e. 4 The equalisation claim does not expire on the death of the person obliged . It must be asserted against the heirs .
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