For each spouse, the leaving benefit to be divided corresponds to the difference between the vested termination benefit, plus the vested assets that exist on the commencement date of the divorce proceedings, and the leaving benefit, plus the vested assets that exist at the time of the marriage.
In practice, the Foundation arranges the transfer of the benefit once the order is received from the Court.
Divorce settlement
The court may decide not to divide the accumulated occupational pension capital if the spouses have equivalent insurance provision of if either spouse waives his/her entitlement on the grounds of a pension or substantial personal assets, or good private occupational pension cover.
The spouses may also decide not to divide the occupational pension capital or decide to divide it on a different basis. In both cases, the decision must be validated in accordance with an agreement (judicial or out of court) which will form an integral part of the divorce settlement.
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