Our expert says:
Family law expert
At the dissolution of a marriage out of community of property with the accrual system through a divorce, a redistribution of assets will be done according to a prescribed formula, which means that the spouse whose accrual during the marriage was smaller is entitled to half of the difference of the accruals between the spouse's estates. The accrual is calculated by deducting the beginning value of the estate from the end value of the estate. A spouse's pension benefits will therefore in this be taken into account when the accrual is calculated. Remember that the pension benefit is simply taken into account for calculating the accrual and you will not be entitled like in a marriage in community of property to claim 50% of the pension fund. The total pension fund benefit is taken into account from the day that your spouse contributed until the day of the divorce.
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