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=U4= Kap1 -- Chapter 1 Principle
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=U5= Sec1587 -- Section 1587 Reference to the Pension Equalisation Act [ Versorgungsausgleichsgesetz ]
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=S=> BGB 1587 In accordance with the Pension Equalisation Act , an equalisation takes place between the divorced spouses of rights existing in Germany or elsewhere , in particular of the statutory pensions insurance , from other standard security systems such as civil servants pensions or pensions of a professional group , from company pensions or from private old-age and invalidity pensions .
=U4= Kap2 -- Chapter 2 Equalisation of value of expectancies or prospects of a pension
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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 .
=U4= Kap3 -- Chapter 3 Contractual equalisation of pension rights
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=U5= Sec1587f -- Section 1587f Requirements
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=S=> BGB 1587f In the cases in which the establishment of pension expectancies in a statutory pension scheme , with regard to the provision of section 1587b ( 3 ) sentence 1 second half-sentence , is not possible , the transfer or establishment of pension expectancies in a statutory pension scheme , with regard to the provision of section 1587b ( 5 ) , is excluded , the spouse who is the person obliged has not made the payments to establish pension expectancies in a statutory insurance scheme imposed on him under section 1587b ( 3 ) sentence 1 first half-sentence , payments of an occupational pension plan on the basis of such expectancies or prospects are to be included in the equalisation which at the date when the decree was pronounced were not yet non-forfeitable , the family court , under section 1587b ( 4 ) , has made a ruling in the form of contractual equalisation of pension rights or the spouses , under section 1587o , have agreed on contractual equalisation of pension rights , the equalisation here takes place on the application of one spouse under the provisions of sections 1587g to 1587n ( contractual equalisation of pension rights ) .
=U5= Sec1587g -- Section 1587g Claim to payment of a pension
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=S=> 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 .
=U5= Sec1587h -- Section 1587h Restriction or end of equalisation claim
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=S=> BGB 1587h There is no equalisation claim under section 1587g to the extent that the person entitled is able to pay the maintenance appropriate to his standard of living from his income and his assets and the granting of the equalisation of pension rights would be an inequitable hardship for the person obliged , taking into account the financial circumstances of both spouses ; section 1577 ( 3 ) applies with the necessary modifications ; 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 a pension which would have to be equalised under section 1587 is not granted ; 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= Sec1587i -- Section 1587i Assignment of pension claims
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=S=> BGB 1587i. 1 The person entitled may demand that the person obliged assign him , in the amount of the day-to-day equalisation pension , pension rights included in the equalisation that have become payable or that become payable for the same period of time .
=S=> BGB 1587i. 2 The effectiveness of the assignment to the spouse under subsection ( 1 ) does not prevent the exclusion of transferability and pledgeability of the claims .
=S=> BGB 1587i. 3 Section 1587d ( 2 ) applies with the necessary modifications .
=U5= Sec1587k -- Section 1587k Applicable provisions ; extinction of claim to equalisation
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=S=> BGB 1587k. 1 The equalisation claim under section 1587g ( 1 ) sentence 1 is governed by sections 1580 , 1585 ( 1 ) sentences 2 and 3 and section 1585b ( 2 ) and ( 3 ) with the necessary modifications .
=S=> BGB 1587k. 2 The claim expires on the death of the person entitled ; section 1586 ( 2 ) applies with the necessary modifications . To the extent that the claim expires under this provision , the claims assigned under section 1587i ( 1 ) pass to the person obliged .
=U5= Sec1587l -- Section 1587l Claim to lump sum payment of future equalisation claims
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=S=> BGB 1587l. 1 A spouse may demand a lump sum payment from the other spouse for his future equalisation claims if the other spouse can reasonably be expected to make the payment with regard to his financial circumstances .
=S=> BGB 1587l. 2 The amount of the lump sum payment is to be based on the current market value , determined under section 1587g ( 2 ) , of the expectancies or prospects of both parties of a pension to be equalised .
=S=> BGB 1587l. 3 The lump sum payment may be demanded only in the form of the payment of contributions to a statutory pension scheme or to a private life insurance or pensions insurance policy . If the lump sum payment in the form of the payment of contributions to a private life insurance or pensions insurance policy is chosen , the insurance contract must be entered into by the person entitled for himself for the event of death and reaching the age of sixty-five or a lower age and must provide that profit shares are applied to increase the insurance benefits . On application , the person obliged is to be permitted to pay in instalments to the extent that this is equitable in view of his financial circumstances .
=U5= Sec1587m -- Section 1587m Extinction of the claim to a lump sum payment
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=S=> BGB 1587m On the death of the person entitled , the claim to payment of the lump sum expires to the extent that the person obliged has not yet discharged it .
=U5= Sec1587n -- Section 1587n Set-off against maintenance claim
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=S=> BGB 1587n Where the person entitled has been paid a lump sum under section 1587l , he must allow the amount that he would receive as equalisation of pension rights under section 1587g if the lump sum payment had not been made to be set off against a claim to maintenance against the divorced spouse .
=U4= Kap4 -- Chapter 4 Agreements between the parties
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=U5= Sec1587o -- Section 1587o Agreements on the equalisation
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=S=> BGB 1587o. 1 In connection with the divorce , the spouses may make an agreement on the equalisation of expectancies or rights to a pension for old age or reduced earning capacity ( section 1587 ) . The agreement may not cause expectancies in a statutory pension scheme under section 1587b ( 1 ) or ( 2 ) to be established or transferred .
=S=> BGB 1587o. 2 The agreement under subsection ( 1 ) must be notarially recorded . Section 127a applies with the necessary modifications . The agreement requires the approval of the family court . The approval should be refused only if , when the maintenance arrangement and the partitioning of assets are included , the agreed performance is obviously not suitable to provide security corresponding with the goal of the equalisation of pension rights for the person entitled or does not result in an equalisation between the spouses that is appropriate in nature and amount .
=U4= Kap5 -- Chapter 5 Protection of the person obliged under the pension
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=U5= Sec1587p -- Section 1587p Payment to the person previously entitled
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=S=> BGB 1587p If , by the final and absolute decision of the family court , pension expectancies in a statutory pension scheme have been transferred to the entitled spouse , the latter must permit to be asserted against him a payment to the person obliged spouse which the payer of the pension makes to the person obliged spouse before the end of the month following the month in which the decision was served on him .
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