Is a company pension split in a German divorce? Yes. In the pension rights adjustment (Versorgungsausgleich) the family court splits the part built up during the marriage in half. Your former spouse usually gets a right of their own with the same provider. Small values up to EUR 39.55 a month or EUR 4,746 as capital are generally not split, and a marriage contract can exclude it.
Limits in the pension rights adjustment for a marriage ending in 2026, based on the reference value of EUR 3,955.
Example
Typical range
Small value, pension amount
up to EUR 39.55 a month
Small value, capital
up to EUR 4,746
External split at the provider's request
up to EUR 79.10 pension or EUR 9,492 capital
External split, direct promise and support fund
up to EUR 101,400 capital
Marriage without automatic adjustment
up to 3 years
Limits under the Versorgungsausgleichsgesetz, based on the end of the marriage period.
Not legal advice; the family court decides in the divorce.
Worked example
Twelve years of marriage, direct insurance held by the husband only
Example figures: the right earned during the marriage equals a pension of EUR 240 a month.
Marriage share
EUR 240 a month
Half to be transferred
EUR 120 a month
Above the EUR 39.55 limit?
yes, it is split
Costs of the split
half borne by each
The former wife gets a right of her own of about EUR 120 a month with the same insurer, less her share of costs. The husband keeps about EUR 120 from the marriage period plus everything earned before and after.
How the family court splits a company pension
In a German divorce the family court includes all rights to old age and invalidity provision earned during the marriage, company pensions too. Only the part built up during the marriage is split. The marriage period runs from the month of the wedding to the month before the divorce petition is served.
Each spouse gives up half of their marriage share. If both have rights of the same kind with the same provider, only the difference is settled. A company pension is included even if it is meant to be paid out as a lump sum.
Internal or external split
The normal case is the internal split (interne Teilung): the provider sets up a right of their own for the former spouse. An external split with another provider only happens if both agree or the provider asks for it on small values.
Type
When
What the former spouse gets
Internal split
normal case
a right of their own with the same provider
External split at the provider's request
value up to EUR 79.10 pension or EUR 9,492 capital (2026)
a capital sum paid to a provider of their choice
External split, direct promise or support fund
value up to EUR 101,400 capital (2026)
a capital sum paid to a provider of their choice
External split by agreement
if provider and former spouse agree
a capital sum paid to another provider
When a company pension is not split
With a marriage of up to three years, the pension rights adjustment only takes place if one spouse applies for it. Very small values should not be split: in 2026 up to EUR 39.55 a month or EUR 4,746 as capital.
Spouses can exclude the adjustment for the company pension fully or in part. Before the divorce is final, such an agreement needs a notary; in a marriage contract its form applies. In the division of gains (Zugewinnausgleich) the company pension does not count.
Costs and effects on your company pension
The provider may charge the costs of an internal split half to each spouse's right, as long as they are reasonable. Your own company pension shrinks by the part you give up.
Each of you later pays tax and, if statutorily insured, health and care contributions on your own share. Rearrange your survivor cover after the divorce, because a new beneficiary is not set automatically.
Step by step
List all company pensions of both spouses, including from earlier jobs.
Fill in the family court's questionnaires completely.
Check the provider's statement of the marriage share.
If you want to exclude the adjustment, sign an agreement before a notary.
After the divorce, rearrange beneficiaries and survivor cover.
Checklist
All pension rights reported to the court
Marriage period calculated correctly
Costs of the split reasonable
Agreement certified by a notary, if wanted
Beneficiary changed after the divorce
Common mistakes
Forgetting an old company pension from a previous job
Assuming a lump sum promise is not split
Trying to exclude the adjustment without the required form
Leaving the former spouse as beneficiary
Questions and answers
Frequently asked
Is a direct insurance with a lump sum payout split too?
Yes.
Rights under the company pension act are split whatever the form of payment.
Can the adjustment for the company pension be excluded?
Yes, by agreement.
Before the divorce is final it needs a notary, and the court checks whether it is valid.
What applies to a marriage of less than three years?
The pension rights adjustment then only takes place if one spouse applies for it.
Does my employer pay money to my former spouse?
No.
Your former spouse gets a right of their own with the provider,
or with another provider in an external split, paid out at retirement age.
Does the company pension count in the division of gains?
No.
Rights that fall under the pension rights adjustment are excluded from the property settlement.
What does the split cost?
The provider may charge reasonable costs, half to each spouse.
