Quasi-splitting

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In German family law, quasi-splitting is a special form of pension equalization . If the marriage is divorced, the differences in the pension between the spouses must be compensated, provided that the pension compensation is not excluded by a marriage contract .

Each spouse is entitled to half of the pension entitlements and pension entitlements acquired during the marriage , since the legislature assumes that these are based on the joint performance of both spouses during the marriage. This idea is also the basis of the equalization of profits , in which the acquired assets are shared in the event of a divorce.

However, the entitlements are not actually divided (splitting, from English to split : to share) if the spouse who is obliged to compensate has acquired entitlements as a civil servant , since the civil servants' pension is separated from the pension insurance . For this reason, simple transfer is not possible. In this case, the established Family Court pension rights equal to half the difference in the statutory pension new , § 1587 b para. 2 BGB . As a result, the authorized person is treated as if splitting had taken place ( Latin quasi : how).

The quasi-splitting is therefore also called fictitious follow-up insurance , as the beneficiary stands as if he had been insured for the time of the marriage.

See also