Pension as a de facto separated spouse

When de facto separated, you can receive a part of your spouse's pension.

We consider you de facto separated if:

• you both are officially domiciled at two separate addresses;
• you have legally separated by means of a judicial settlement;
• your spouse is in prison, in an institution for the protection of society or has been otherwise confined due to mental health issues.
  
  

• Conditions
• Application and ex officio investigation
• Calculation of the pension as a de facto separated spouse
• Payment
  • When can I receive my pension as a de facto separated spouse?
  • What happens if my spouse's pension is suspended?

Conditions

You have to meet several conditions to be able to receive a pension as a de facto separated spouse:

1. your spouse has to receive a retirement pension as an employee or self-employed worker.
2. you:
   • may not have been divested of parental authority;
   • may not have been convicted because you killed or attempted to kill your spouse;
   • have to be both officially domiciled at two separate addresses
   • may not have divorced.

There is no minimum age for the pension as a de facto separated spouse. We can pay this pension as long as no divorce has been registered in the National Register.

Application and ex officio investigation

In certain cases, we automatically investigate your entitlement to a pension as a de facto separated spouse, without you having to file an application. This is the case if:

• you have filed an application for a retirement pension or Guaranteed Income for Elderly Persons (GIEP);
• your spouse receives a household rate pension at the time of the de facto separation;
• both you and your spouse receive a pension as a single person in the employee or self-employed worker scheme at the time of the de facto separation;
• you receive a retirement pension or a GIEP at the time when your spouse applies for his or her pension;
• the de facto separation takes place while we are investigating your spouse's pension;
• the de facto separation takes place between the notification and start date of your spouse's pension;
• if your spouse:
  • is in prison;
  • has been placed in an institution for the protection of society;
  • has been placed in an institution for beggars;
  • has been confined due to mental health issues.

You should apply for the pension as a de facto separated spouse in the same way as for a retirement pension.

What if my spouse did not apply for his or her pension?

If your spouse has reached the statutory retirement age but did not apply for his or her pension, you can do so in his or her stead.

How is my pension as a de facto separated spouse calculated?

To calculate the amount, we map out all Belgian and any foreign pensions of both spouses. Subsequently, we apply the following principle: we guarantee you a total pension amount that corresponds to half of the employee pension(s) or of the self-employed worker pension(s) at the household rate of the other spouse. We take all your Belgian and/or foreign pensions into account.

Examples

Both spouses receive a pension as a single person

1. Tom receives a retirement pension of 8 000 EUR a year (at the amount as a single person) and Laura receives 5 500 EUR a year (amount as a single person).
2. After their de facto separation, Laura maintains her personal pension of 5 500 EUR because this is higher than half of her spouse's pension at the household rate (household rate pension of 10 000 EUR/2 = 5 000 EUR). Tom maintains his pension as a single person.

The spouses receive a household rate pension

• Paul receives a household rate pension of 11 400 EUR a year. Sylvie has renounced her pension to allow her spouse to receive the household rate pension.
• After the de facto separation, Paul and Sylvie each receive half of the household rate pension.
  
  

Payment

When can I receive my pension as a de facto separated spouse?

1. You have filed an application. The pension as a de facto separated spouse takes effect on the first day of the month following your application on the condition that the spouse's pension:
   • is already being paid
     or
   • can be received if you file an application in your spouse's stead.
2. Your pension as a de facto separated spouse starts on the first day of the month following the de facto separation if your spouse already received a pension at the time of the de facto separation. The Pensions Service automatically investigates the entitlement to a pension as a de facto separated spouse.
3. Your pension as a de facto separated spouse starts on the same day as your spouse's pension if your spouse did not yet receive a pension at the time of the de facto separation. The Pensions Service automatically investigates the entitlement to a pension as a de facto separated spouse.
   
   

What happens if my spouse's pension is suspended?

You maintain your pension as a de facto separated spouse while your spouse's pension is no longer being paid, if:

• he or she is in prison;
• he or she has been admitted to an institution for the protection of society;
• the pension cannot be paid in the country your spouse is residing in due to your spouse's nationality.