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Pension equalisation on divorce

Deutsche Rentenversicherung · Splitting of pension entitlements

Via the family courtStatement by form

The Versorgungsausgleich (pension equalisation) splits the pension entitlements acquired during the marriage between the divorced spouses. Under § 1 VersAusglG, the shares of entitlements acquired during the marriage – the marriage-period shares – are to be split equally. Whoever built up more gives up half the difference.

Only what arose during the marriage is split. Entitlements from before or after remain untouched. This covers not only statutory pensions, but also company pensions, civil-service pensions, and private retirement provision such as Riester contracts.

The equalisation runs ex officio as part of the divorce proceedings – you do not need to apply for it separately. An important exception is set out in § 3 VersAusglG: for a marriage period of up to three years, the pension equalisation takes place only if a spouse applies for it. Anyone who has acquired significantly more entitlements than their partner in a short marriage should know this point.

Last updated26 August 2026
Legal basis§ 1 VersAusglG · § 3
VerificationChecked against gesetze-im-internet.de
Written and reviewed byAndrés Sánchez Botta
Independent information site: We are not the Deutsche Rentenversicherung, not an authority and not a paid advisory service — we do not submit applications on your behalf. All information comes from official sources and is explained here in plain terms; the competent body is always authoritative. The family court decides on the Versorgungsausgleich; this page does not replace legal advice. All information is provided without guarantee. We are neither lawyers nor tax consultants: we document administrative procedures and check the information against the official source — this is information, not legal or tax advice.
SplitEqually in each caseOnly the marriage-period shares
Short marriageUp to 3 yearsOnly on application
Competent bodyFamily courtEx officio in the proceedings
Statement from the DRVApprox. 2–3 monthsForm V0500
Required documents

What you need

Marriage certificate

To prove the beginning and end of the marriage period. The marriage period begins on the first day of the month in which the marriage took place and ends on the last day of the month before the divorce petition was served – this period determines exactly which entitlements are split.

Questionnaire on the Versorgungsausgleich (V0500)

The family court sends out the forms at the start of the proceedings. In them, both spouses state all pension entitlements. Completeness is decisive: an entitlement not stated is simply not split – and this often only comes to light years later.

List of all pension entitlements

It is not only the statutory pension that counts. Company pensions, direct insurance policies, pension funds, civil-service pensions, professional pension schemes, and private Riester or Basisrente contracts also belong here. Collect all contract documents and statements of account.

Pension insurance numbers of both spouses

The pension insurance scheme provides the court with the statement on the marriage-period shares. Without correct pension insurance numbers, the proceedings are delayed because the accounts cannot be matched.

Marriage contract or divorce settlement agreement

If one exists. The Versorgungsausgleich can be modified or excluded by notarial agreement. The court, however, checks such an agreement for validity and can set it aside if it unduly disadvantages one side.

Step by step

How to proceed

  1. 1

    Determine the marriage period

    The marriage period begins on the first day of the month of the wedding and ends on the last day of the month before the divorce petition is served. Only the shares acquired in this period are split. For a marriage period of up to three years, the equalisation under § 3 VersAusglG takes place only on application.

  2. 2

    Clarify the insurance account

    Have your insurance account clarified before the proceedings. Missing periods lead to an incorrect statement to the court – and the split is carried out on the basis of this statement. A subsequent correction is considerably more work than a timely Kontenklärung (account clarification).

  3. 3

    Complete the questionnaire fully

    The family court sends out the forms on the Versorgungsausgleich. State all entitlements – statutory pension, company pensions, direct insurance policies, professional pension schemes, civil-service pensions and private subsidised contracts. What is not stated is not split.

  4. 4

    Wait for the statements from the pension providers

    The court obtains statements on the marriage-period shares from every provider named. With the Deutsche Rentenversicherung this typically takes two to three months; with several occupational or private providers, correspondingly longer. This step is usually the factor that determines how long the whole divorce takes.

  5. 5

    Check the statements

    Check the statements sent for completeness and the correct marriage period. Errors are still easy to spot here and can be corrected; after the decision becomes final, this is considerably more difficult.

  6. 6

    Decision of the court

    The family court decides on the split in the divorce order (Scheidungsbeschluss). The entitlements are split internally, meaning each is transferred in half at the respective pension provider. An appeal against the decision is possible; the time limit is stated in the Rechtsbehelfsbelehrung (instructions on legal remedies) of the order.

Fee information

Costs and payment

Court and lawyer’s costs, no DRV feesThe pension insurance scheme’s statement is free of charge
Statement from the pension insurance schemeFree of charge
Account clarification (Kontenklärung)Free of charge
Advice from the DRVFree of charge
Court costsBased on the value of the proceedings
Legal feesBased on the value of the proceedings
Notarial agreementBased on the value of the matter

The Deutsche Rentenversicherung charges no fees for the statement to the family court, for the Kontenklärung or for advice. Costs arise in the court proceedings: the Versorgungsausgleich increases the value of the proceedings in the divorce, which raises court and lawyer’s costs. The value of the proceedings is further increased for each entitlement to be included – with many individual entitlements, this adds up noticeably. Anyone wishing to modify or exclude the Versorgungsausgleich by notarial agreement also bears notary fees based on the value of the matter. On a low income, legal aid (Verfahrenskostenhilfe) may be available.

Good to know

Important notes

Short marriages only on application. For a marriage period of up to three years, the Versorgungsausgleich under § 3 Abs. 3 VersAusglG only takes place if a spouse applies for it. Without an application, each side keeps their own entitlements.

All entitlements, not just the statutory pension. Company pensions, direct insurance policies, pension funds, professional pension schemes, civil-service pensions, and private subsidised contracts such as Riester are split as well. Anyone who only thinks of the statutory pension states too little.

What is not stated is not split. The court only knows the entitlements named in the questionnaire. A forgotten entitlement is left out – and often only comes to light decades later when applying for a pension.

Only the marriage period counts. Entitlements from before the marriage or after the divorce petition is served are not split. The marriage period is precisely defined: from the first day of the month of the wedding to the last day of the month before the divorce petition is served.

The Versorgungsausgleich lengthens the divorce. The statements from the pension providers are usually the time-determining factor. Expect two to three months for the statutory pension insurance, and considerably longer with several occupational or private providers.

Kontenklärung beforehand, not afterwards. The split is based on the statement from the pension insurance scheme. If the account is incomplete, the split is carried out on a false basis. A Kontenklärung before the proceedings is therefore considerably simpler than a correction afterwards.

Exclusion is possible, but not unconditionally. The Versorgungsausgleich can be modified or excluded by notarial agreement. The court, however, checks the agreement for validity and can set it aside if it unduly disadvantages one side.

Effect on your own pension. The equalisation permanently reduces one side's entitlements and increases the other's. Anyone who had to give up entitlements can, under certain conditions, later top them up again through additional contributions – have this checked during an advice appointment.

Avoid these mistakes

Common mistakes

Stating only the statutory pension. Company pensions, direct insurance policies, professional pension schemes and private subsidised contracts also belong in the questionnaire. Anyone who forgets them permanently gives away their share of them.

Overlooking the application in a short marriage. For a marriage period of up to three years, the equalisation only takes place on application. Anyone who, as the economically weaker party, does not file the application goes away empty-handed – even though an entitlement would have existed.

Clarifying the insurance account only after the divorce. The split is based on the statement to the court. If the account is incomplete, the split is carried out on an incorrect basis, and the correction is considerably more work once the decision is final.

Letting the statements pass unchecked. Errors in the marriage period or the entitlements are still easy to spot before the decision. Afterwards, only the appeal procedure within the appeal deadline can help.

Agreeing to an exclusion without advice. A waiver of the Versorgungsausgleich can have serious consequences in old age, especially for the partner with fewer entitlements of their own. The court can also set aside an inappropriate agreement.

Missing the appeal deadline. An appeal against the family court's decision is possible; the time limit follows from the Rechtsbehelfsbelehrung. After it expires, the split becomes final.

Frequently asked questions

Questions and answers

What is split in a Versorgungsausgleich?

Under § 1 VersAusglG, the shares of entitlements acquired during the marriage – the marriage-period shares – are split equally between the divorced spouses. This covers not only entitlements from the statutory pension insurance scheme, but also company pensions, direct insurance policies, pension funds, professional pension schemes, civil-service pensions, and private subsidised contracts such as Riester.

What period counts as the marriage period?

The marriage period begins on the first day of the month in which the marriage was concluded and ends on the last day of the month before the divorce petition is served. Only the entitlements acquired in this period are split; what was built up before or after remains untouched.

Does the Versorgungsausgleich also apply to short marriages?

Not automatically. Under § 3 Abs. 3 VersAusglG, for a marriage period of up to three years a Versorgungsausgleich only takes place if a spouse applies for it. Anyone who has acquired significantly fewer entitlements than their partner in a short marriage should therefore deliberately consider the application – without it, each side keeps their own entitlements.

Do I have to apply for the Versorgungsausgleich?

Not for a marriage period of more than three years: the equalisation is carried out ex officio as part of the divorce proceedings. However, you must complete the family court's questionnaires fully and state all entitlements. For a marriage period of up to three years, by contrast, an express application is required.

How long does the procedure take?

The Versorgungsausgleich is usually the factor that determines how long a divorce takes. The court obtains statements on the marriage-period shares from every provider named; with the Deutsche Rentenversicherung this typically takes two to three months, and correspondingly longer with several occupational or private providers.

What does the Versorgungsausgleich cost?

The statement from the pension insurance scheme, the Kontenklärung and the advice are free of charge. Costs arise in the court proceedings: the Versorgungsausgleich increases the value of the proceedings in the divorce and therefore court and lawyer’s costs, with each entitlement to be included further increasing the value. On a low income, legal aid (Verfahrenskostenhilfe) may be available.

Can the Versorgungsausgleich be excluded?

Yes, by notarial agreement – for example in a marriage contract or a divorce settlement agreement. The family court, however, checks such an agreement for validity and can set it aside if it unduly disadvantages one side. Get legal advice before any waiver: the consequences only show up decades later, in old age.

What happens if an entitlement was forgotten?

It is not split. The court only knows the entitlements stated in the questionnaire. If the omission comes to light later, a subsequent inclusion is only possible under strict conditions and involves considerable effort. Check the list carefully, therefore – especially for company pensions and old direct insurance policies.

Related official procedures

Account clarification (Kontenklärung)
Settle before the proceedings
Free of charge
Rentenauskunft
Assess the order of magnitude
Free of charge
Survivors’ pension
Also relevant for the divorced
25% or 55%

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