Real division (family law)
The real division is a form of pension adjustment to be carried out by the family court in the context of a divorce, regulated in Section 1 (2 ) VAHRG .
In the case of real division, the spouse entitled to equalization is entitled to an entitlement to a professional pension provider (e.g. doctors, architects, lawyers) or to the private pension insurance of the spouse who is obliged to equalize. A characteristic of the real division is the fact that the entitlement establishment, in contrast to splitting, takes place outside the statutory pension insurance. A real division is only possible if this form of compensation is provided for in the statutes of the respective pension provider.
Through the real division, half of the difference in value of the entitlements acquired by both spouses during the marriage is established in favor of the spouse entitled to compensation, either with the pension provider of the person liable for compensation or with another institution (for example, the beneficiary's “own” pension institution).
The BMJ (Federal Ministry of Justice) has a first draft of a law on pension equalization in vote (August 31, 2007), which should come into force on July 1, 2008 at the latest. The new law is the implementation of the supply balance in terms of entitlements to company pension plans (eg direct commitments , direct insurance , provident funds , pension funds , pension funds (eg Riester pension, annuity) change significantly) and private pensions. The focus here is on improving the legal position of the wives in particular, who were often worse off with the previous method. The aim is greater fairness and transparency. The problems with the "revaluation" of future pension benefits ("present value regulation"), which are compensated today by the statutory pension insurance, should be avoided (possibly 30 years in the future) insured event, if the amount of the pension entitlement has been determined, the division will be carried out, but rather "promptly" in the divorce proceedings . internally, and no longer, as before, through a purely contractual claim against the beneficiary, the divorced spouse. At the same time, the spouses should have further options for amicable agreements that also include external divisions (with the consent of the pension provider ) can be provided.
See also
- Quasisplitting (special form of pension equalization)
- extended splitting (pension adjustment to be carried out by the family court)
