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| BGB 1587g. 1 The spouse whose pension to be equalised exceeds that of the other spouse must make to the other spouse , as equalisation , periodical payments ( an equalisation pension ) in the amount of half of the excess amount in each case . The pension may be demanded only if both spouses have obtained a pension or if the spouse who is the person obliged has obtained a pension and the other spouse , by reason of illness or other infirmity or weakness of his physical or mental powers , will for a period whose end cannot be foreseen not be able to undertake gainful employment that is reasonable according to his training and skills or has reached the age of sixty-five . BGB 1587g. 2 For the determination of the pension to be equalised , section 1587a applies with the necessary modifications . If , since the date when the divorce petition was first pending at court , the value of a pension or an expectancy or prospect of a pension has changed , or if a pension or an expectancy or prospect of a pension that existed on the date when the divorce petition was first pending at court has ceased to exist , or if requirements of a pension have been satisfied that were not satisfied on the date when the divorce petition was first pending at court , this must be taken into account in addition . BGB 1587g. 3 Section 1587d ( 2 ) applies with the necessary modifications . |
| BGB 1678. 2 Where the parental custody of the parent , which he had alone under section 1626a ( 2 ) , is suspended , and where there is no prospect of the reason for the suspension ceasing to apply , the family court must transfer the parental custody to the other parent if this serves the best interests of the child . |
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