Are work related pensions split in Denmark during divorce?

[ForeignLocal]

Hi,

I'm in the process of getting divorced.

My wife and I have work related pensions that we pay into on a pre-tax basis (like Danica or PFA).

Mine is larger than hers because I am 6-years older, have more experience and education, and have therefore been more highly compensated.

More recently, she has caught up to me in terms of total compensation. We have taken equal time off for the birth of our child, and spend equal time on child-raising and household work (we pay a cleaner). She has not been forced to take more time off because she is a woman, and is not paid less because she is a woman (i.e., gender-related claims should not apply).

My question is: Would the Danish government would require us to split our pensions evenly if we went to court for a decision?

I've read the law on the splitting of pensions, and it talks about fairness without defining what is fair. Is it fair for us to split pensions, or is it fair for me to have a higher pension since I am closer to retirement?

Guidance is much appreciated.

Thanks,
ForeignLocal

[mh1]

For that you must consult an attorney. Dividing assets is the most complicated problem in connection with divorce, and something that can only be answered for the individual case.

BTW - the government does not interfere in division of the assets beyond creating the laws. In DK the principle of separation of the powers rule.