The man earns the money and the woman takes care of the children – a traditional role distribution is also responsible for the pension impact. In the case of a divorce, the financial disadvantages are not balanced yet always fair. This should now be final.
Karlsruhe (dpa) – in Front of all women can hope for in the divorce in the future on a more equitable regulation of their pension. The Federal constitutional court pledged on Tuesday to the family courts, systematic discrimination in the distribution of claims in the divorce proceedings in the future.
That helps a women whose Ex-husbands for a pension is entitled to. So far, you suffered due to peculiarities in the calculation of the partial losses of several hundred euros per month. (Az. 1 BvL 5/18)
Can a Couple get divorced, are charged to the pension claims, in principle, to each other. It’s called balancing supply and to eliminate injustices. Because for many couples, the man as the main get-income earners much more pension than his wife, who has been perhaps for many years home to the children.
In the area of occupational pensions receives the woman – unlike all the other pensions – your money is not automatically the same Supply the institution with which the man has his pension. Since a Reform in 2009, the claims may be outsourced and the support Fund transferred, even against the will of the woman. Experts speak of external division.
The legislature intended to relieve the employer as a corporate pensions. Otherwise they would not be forced, because of a purely private Quarrel a completely different Person, in your System that has never worked for you.
The Problem: During the Transfer of the claims to the new carrier, it comes because of the interest rates of the last few years, often to significant losses. This has to do with the complex calculation methods. In the result, the husband can claim loses half of his Pension, in the case of the woman, only a portion is but of it.
The higher regional court (OLG) of Hamm had held this to be unconstitutional and Paragraph 17 in the power supply compensation law in Karlsruhe, Germany submitted for review. The higher regional court judges expect that between 2009 and 2017, at least 90 percent of all Divorced women had an external division of losses, in the vast majority of cases. Clause 17 come, it is estimated that in every 20. Divorce on the application. At an average of 170 000 divorces a year, the equivalent in the period from 2009 to 2017, with an average five-digit number.
The constitutional court declared the special procedure in the case of the operation of pensions for a reason, a violation of the law. Paragraph 17 could be interpreted in conformity with the Constitution, held the First Senate under the future President, Stephan Harbarth.
This task now falls to the family judges: to exploit in the future, your decision-making space and a fair solution – if necessary, by adjusting the interest rate during the Transfer of the claims themselves.
the interests of the man, the woman and the employer are to be taken into account, said Harbarth at the announcement. Is acceptable to the judge the transfer of losses to a maximum of ten percent. This should have no impact for the employer to be unfavorable, he must keep the Ex-wife of his employee in the private System.
Klaus Because, family law expert at the German lawyers ‘ Association, welcomed the correction in principle. “For women, it is of course a good result,” he said in Karlsruhe.
but He also sees a lot of work on the family court judge to come. This would have to be able to make much more extensive tests. It would be a “huge task for the family courts, which are burdened with the mass of business, balancing supply anyway already”. Because of the assumption that the judge must consult with the not always alone, and more often experts.
women whose divorce procedures have been completed already legally doesn’t help the judgment. According to Because you have to live with the losses. The decision applies only to the future.
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