A majority of Dutch couples are unaware of the legal rules on the division of pensions after a break-up, according to research by Money Wise.

The research was undertaken as part of this year’s Pensioen3daagse (Pension 3 days) campaign, which runs from 11-13 November in the Netherlands, and aims to raise awareness on pensions within the general public.

Broken down, 75 per cent of cohabiting couples and 65 per cent of married couples are unaware of the legal rules. Instead, the issue of pension division often only comes up once divorce proceedings have already started, with professionals playing a crucial role in this. In most cases (73 per cent), it is the mediator or solicitor who raises the subject of pensions.

Furthermore, the survey found that how professionals approach this topic can impact the outcome.

Utrecht University assistant professor, Lianne Aarntzen, explained: "When professionals emphasise fair compensation for those who were unable to build up as much pension due to care responsibilities, people are less likely to waive equalisation (21 per cent vs. 41 per cent on average).

“If the right to one's own pension is central, then people are more likely to waive equalisation (54 per cent vs. 41 per cent on average). Professionals need to be aware that the way they conduct the conversation can be decisive – perhaps because emotions play a greater role than knowledge,” she said.

Overall, the research found that in 41 per cent of divorces, ex-partners waive the legal provision for equalisation. The main reason for waiving this provision is to avoid hassle or conflict (26 per cent). Indeed, emotions such as sadness and anger often play a role, as 39 per cent indicated that these emotions influenced their decision.

One respondent noted that they “wanted to draw a line under everything” so that in the future they wouldn’t still owe each other money from their pensions and be “confronted with the past”.

De Scheidingsdeskundige director, Jasper Horsthuis, said: "Pension equalisation upon termination of a relationship is more than just a calculation. Emotions can overshadow a well-considered choice, causing a short-term decision to have enormous negative consequences in the future. This is particularly true for people who are financially vulnerable and have accumulated less pension.

“In many cases, this concerns women. Unmarried partners have no legal right to pension equalisation and are therefore unprotected. They should therefore make agreements about pension equalisation during the relationship.”

In addition, pensions rarely feature among the top three topics of discussion in divorce (only 17 per cent). People are more likely to talk about the house (51 per cent), the division of assets or debts (44 per cent) or other possessions (46 per cent).

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