Riester pension problems do not always arise when a couple divorces.
There are no problems if …
… a childless couple separates and both partners benefit from the regulation of the giant system. Nothing changes even after a divorce.
It is different with children together.
Child allowance after divorce
There is a child allowance subsidized by the state for each child. The beneficiary of this allowance is always the parent who receives the child benefit. If something changes for the children of divorce after the divorce, this must also be communicated to the relevant allowance office.
The mother usually receives the state child allowance. The father is only entitled to the child allowance if both parents make an application. However, the validity of the application is limited to one year – even after the divorce. Therefore, the parents have to submit the application again next year. Revocation within the approval period is not possible.
Disagreement on child allowance
In the case of a so-called claim competition, the allowance is credited to the person in whose home the divorced child also lives. If there is a change in the housing situation of the children of divorce, the person who receives the first child benefit will receive the allowances. A double paying out however, there are no divorced children.
What happens if .
… the spouse was indirectly eligible before the divorce?
The Riester pension speaks between indirect and direct eligibility. Indirectly eligible beneficiaries receive an indirect entitlement to direct beneficiaries who have signed a Riester contract. This indirect claim does not apply after a divorce. In such a case, however, all allowances received up to this point may be retained. However, your own contract should be made free of charge after a divorce. Termination is not advisable.
… both spouses received a child allowance before the divorce?
Both the mother and the father agreed during the marriage to receive a child allowance for their two children. After the divorce, however, the children of divorce move to the father or mother. In this case, the allowances must be reapplied. The grants to which the children are also registered will now receive the grants.
Versorgungsausgleich
In principle, a pension equalization takes place during a divorce. Thus, the claims acquired within the marriage are split up against each other. So also with the Riester pension. The basic idea of the pension equalization is that the respective spouse was responsible for the upbringing and care of the children and could not achieve their own claims.
There is no compensation if …
- the marriage under the period out of three Should have lasted for years or
- an exclusion of the pension equalization has been agreed (notarization).
However, one of those affected has the option of applying for compensation. However, this only applies to the first point mentioned (marriage under three years). With an exclusion, this is somewhat more complicated. However, if there is no notarized certification, the agreement can also be revoked in this case.
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