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Divorce sub-provident fund pension? Ningbo account how to calculate.

Ningbo Author：LuXu WANG

The house, the car and the deposit are all settled, but two accounts are often left out as a whole-one lies in the housing fund management center and the other lies in the social security system. Their common trait is that the figures on paper are clear, yet none of them can be easily withdrawn, so many people simply assume they “can’t be divided.” In fact, the rules have long been clear; it’s just that the method of division is entirely different from that for cash.

How to characterize the property gains that have not been actually obtained by the 1.

The Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's the People's Republic of China of China makes it clear that the people's court should deal with the property benefits that one party has not obtained or has not actually obtained at the time of divorce, including housing subsidies, housing accumulation funds, pension insurance funds, etc., according to the specific circumstances. This sentence confirms two things: this type of interest falls within the scope of division, but the treatment varies depending on the form of the property.

Time boundary of common property

Article 1062 of the Civil Code lists wages, bonuses and labor remuneration as joint property of husband and wife. The individual contribution portion of the provident fund and old-age insurance comes from wage income, so the part deposited or accumulated during the marriage relationship has the attribute of common property. The accumulation before marriage registration and the deposit after divorce belong to their respective personal property. So the first step is always to delineate the time interval, rather than looking directly at the account balance.

“Cannot be removed” does not equal “cannot be divided.”

These two accounts are under special management and cannot be withdrawn at any time like deposits, but the withdrawal restriction affects the execution mode and does not affect the characterization of the equity itself. The common treatment in referees is to confirm the amount to be split, and then to achieve it through discount compensation, etc., rather than requiring the account itself to be split immediately.

split caliber of 2. housing accumulation fund account

provident fund is the most direct to deal with among the three items, because of its clear account structure, complete deposit records and relatively loose withdrawal conditions.

Calculation Method

The divisible amount is equal to the balance of the account at the time of divorce minus the balance of the account at the time of marriage registration, and the resulting difference is the accumulated part during the existence of the marriage relationship, which is divided by half by both parties in principle. It should be noted that if a withdrawal has been made during the marriage to repay a common mortgage or pay for a common purchase, that portion has been converted into common property and should not be double-counted outside the account balance.

Unit deposits are also included.

the accumulation fund is composed of two parts: individual deposit and unit deposit, both of which are included in the employee's personal account, both of which belong to the extension of wage income in nature, and are calculated together when dividing, without distinguishing the source. Some parties only claim that the individual deposit portion is equivalent to voluntarily giving up nearly half of the amount.

Supplemental Provident Fund Do not omit

Some units have established supplementary housing accumulation fund accounts for employees, which are managed separately from the basic accounts, and are easy to be ignored as a whole when inquiring and claiming. When conducting the review, you should request the other party to provide deposit details for all their accounts, rather than relying solely on a balance screenshot of their basic account.

3. Special handling of individual accounts in the basic old-age insurance scheme

This is the most controversial one of the three, because of its personal exclusiveness and the limitation of receiving conditions.

The distinction between the co-ordination account and the individual account

the basic old-age insurance is composed of the overall planning part paid by the unit and the personal account part paid by the individual. The co-ordination part enters the social co-ordination fund, which is not recorded in the individual name of the employee and does not have a divisible property attribute; the accumulated deposit amount in the individual account is recorded in the individual name of the employee, and the deposit part during the existence of the marriage relationship is the object of discussion. Including the pooled portion within the scope of the claim is a very common computational error.

Handling when the receiving conditions are not met

If the divorce has not reached the legal retirement age and cannot receive pension, the account funds cannot be withdrawn in advance. In practice, there are two common practices: one is to confirm that half of the accumulated amount of personal account during the marriage is the other party's interest, which is compensated by the holder at a discount to other common property. The former is more conducive to a one-time settlement, while the latter applies when there is no other property to compensate.

Already receiving a pension

If one party has received the pension on a monthly basis, the part actually received during the marriage relationship belongs to the common property; the pension received on a monthly basis after divorce belongs to the personal property, and the other party no longer enjoys the rights and interests. If one party is living in difficulties as a result, it may follow the path of Article 1090 of the Civil Code on financial assistance, but this is different from dividing the pension account.

4. the difference between enterprise annuity and commercial pension insurance

In addition to the statutory two items, there are also two types of accounts that often appear on the split list, with different processing logics.

Enterprise annuity is handled with reference to individual account

The enterprise annuity is paid by the unit and the individual, and credited to the employee's personal account, which is closer to the deferred payment of labor remuneration in nature. The accumulated portion during the subsistence of the marital relationship is generally recognized as joint property, and its disposition may be handled by reference to the individual account of basic old-age insurance, with monetary compensation being the primary method. If the rules of collection are subject to the annuity scheme, the text of the scheme shall be retrieved before determining the point of compensation.

commercial pension insurance looking at cash value

For the commercial endowment insurance which pays the premium with the joint property of husband and wife, the object of division is usually the cash value of the insurance policy at the time of divorce, not the total amount of the premium paid, nor the expected payment in the future. Common treatments include: the insured party pays half of the cash value and continues to hold the policy. The economic consequences of the three methods are very different, the withdrawal of insurance often the largest loss, the negotiation should give priority to the first two.

Where to get the 5. account details

There is no obstacle to the inquiry of the account under his own name, and the difficulty always lies in the account under the name of the other party.

Information that can be obtained independently

I can check my own account through the official online service channels of social insurance and housing accumulation fund or the handling window; for those who have jointly declared house purchase and loan during the existence of marriage, the relevant application materials often contain the deposit base and account information of the other party, and such retained documents are important sources of clues.

Information required to pass a court or inquiry order

the details of provident fund deposit, social insurance participation and payment records, and enterprise annuity account information under the name of the other party usually need to submit an application for investigation and evidence collection in the lawsuit, or the lawyer should go to the handling agency to obtain it with an investigation order. The application shall state the name of the unit, the starting and ending period of insurance or deposit, the facts to be proved and the specific items to be retrieved. Generally, the application for "inquiry of all property" will not be granted.

6. three landing segmentation schemes

After determining the amount, we should choose a cashing method that can be executed by both parties, otherwise the judgment will easily become a dead letter.

Scheme Comparison

The first is discount compensation, in which the account holder compensates the other party with deposit, real estate share or other common property at one time, which has the advantage of settling at one time without follow-up; the second is to deduct the total amount in other property division, and convert the account rights into the overall scheme, which is applicable to families with more types of common property; the third is to clarify the rights and interests and perform after the conditions are fulfilled, it is necessary to write down the calculation base, the point of payment and the liability for breach of contract in the agreement or judgment, otherwise it is very easy to reproduce the dispute in the future.

Writing of the terms of the agreement

No matter which scheme you choose, the terms should have four elements: account name and management organization, calculation base and starting and ending time, payable amount or calculation formula, payment period and overdue liability. To write only such vague expressions as "each owns the provident fund" is tantamount to giving up the rights and interests of the difference, which may reach hundreds of thousands of yuan when the deposit base of both parties is very different.

7. Case Confirmation

According to similar adjudication rules, if both parties have stable units and there is a big difference in the deposit base of the provident fund during the existence of the marriage relationship, the court usually determines their marital accumulation according to "the balance at the time of divorce minus the balance at the time of marriage", and then makes a half-adjustment on the difference. Take one party's marital accumulation of about 260,000 yuan and the other party's accumulation of about 80,000 yuan as an example. Half of the difference of 180,000 yuan is 90,000 yuan. The one party with more accumulation will compensate the other party, and the unit's deposit will be included in the calculation base. In similar cases, the amount of property division or compensation typically ranges from RMB 100,000 to RMB 3 million, with the exact figure varying depending on the size of the assets and the evidence presented.

According to similar adjudication rules, if one party has a long time from the legal retirement age and the accumulated savings amount in the marriage of the basic old-age insurance personal account is relatively high, the court generally does not decide to divide the account funds directly, but confirms that the other party enjoys half of the rights and interests and compensates with other common property at a discount. Taking the accumulated storage amount of personal account in marriage as an example, the amount of discount compensation is usually around 70,000 yuan. If there is really no other property to compensate, the rights and interests shall be clearly defined in the judgment and the conditions to be received shall be settled separately after the achievement. In similar cases, the amount of property division or compensation typically ranges from RMB 100,000 to RMB 3 million, with the exact figure varying depending on the size of the assets and the evidence presented.

8. Risk Alert

  • Only personal deposit is counted: if the unit deposit is omitted, the claimed amount of provident fund will directly shrink by nearly half.
  • take the overall planning part into account: the overall planning account of the basic old-age insurance is not credited to the individual, and the claim of division is generally not supported.
  • omission supplementary account: supplementary housing accumulation fund and enterprise annuity separate account, only check the basic account is easy to omit the whole item.
  • The agreement writes "owned by each": when the deposit base is very different, this sentence may give up the difference interest of hundreds of thousands of yuan.
  • rashly surrender: the cash value of commercial pension insurance after surrender is far lower than the premium paid, and the loss is shared by both parties.
  • the investigation application is too general: the transfer application without specifying the unit, period and specific project will not be allowed.

9. FAQ

Do you have to share the part paid by the unit in the provident fund for divorce?

to be divided. Both unit deposits and individual deposits are included in the employee's personal account, which is an extension of wage income in nature, and the accumulated part of the marriage relationship is calculated as the joint property of the husband and wife.

The other party hasn't retired yet, can the old-age insurance account be divided now?

Account funds are generally not directly divided. It is common practice to confirm that half of the accumulated deposit in the marital personal account is the other party's interest, which is compensated by the holder at a discount to other common property, or to specify in the judgment that the interest is settled after the condition is fulfilled.

What if I can't find the balance of the other party's account?

can submit an application for investigation and evidence collection in the lawsuit, or apply for an investigation order to be obtained by the lawyer from the social insurance and housing accumulation fund agency. The name of the unit, the period of deposit or insurance and the facts to be proved must be stated at the time of application.

Do I still have a share of the monthly pension received by the other party after the divorce?

No. The monthly pension received after divorce is personal property. Only the part actually received during the existence of the marriage relationship belongs to the common property.

Practical experience of 10. lawyers

Provident fund and pension account are the parts of the divorce property that are most likely to be missed as a whole. Many people see that the money can not be taken out, the default can not be divided, in fact, can not be taken out of the impact is the division of the way, does not affect their own common property. The first step you need to take is to define the time boundaries: only the contributions made or assets accumulated during the marriage constitute marital property, while any assets accumulated before the marriage and any contributions made after the divorce remain separate. So don't be in a hurry to keep an eye on the account balance, but first sort out the time interval and deposit details.

Where the details of these two accounts come from is where many people get stuck. The provident fund can be inquired through the housing fund management center, and the personal account of the old-age insurance can find the payment and account information in the social security system, and apply to the court for investigation in the lawsuit if necessary. After obtaining the detailed statement, separately extract and calculate the portion accumulated during the marriage based on the contribution dates, rather than simply dividing the total amount in half. The treatment caliber of enterprise annuity and commercial old-age insurance is different from these two types. Don't mix them up. It is better to verify the attribution and calculation method respectively. Don't be afraid of trouble in this step. The finer the nuclear is, the less controversy will be.

On the way of division, there are several common ideas in practice: one party holding the account continues to keep it and makes discount compensation to the other party; or on the premise of not affecting the account management, settle the difference according to the part accumulated in marriage. Pensions are often more likely to be discounted rather than directly sub-accounts because of their special conditions, and CPF can also be processed through withdrawals when eligible. No matter which one you choose, the key is to calculate the amount accurately, clarify the attribution, and specify the amount, time and method of payment when writing into the agreement. Many parties, in order to save trouble, simply write in their divorce agreement that all property shall belong to the respective owner, only to end up relinquishing even the share that rightfully belongs to them.

The reason why these two accounts are often missed is that they can neither see the cash nor find the other party's figures, and it is easy to be fooled by the sentence "I can't get it anyway" during the negotiation. It is prudent to draw a clear time interval before starting the procedure-the date of marriage registration and the proposed split base date, and then retrieve the starting and ending balance and payment details one by one by account, and make a complete list of the cash value of the basic provident fund, supplementary provident fund, basic old-age insurance personal account, enterprise annuity and commercial policy.After the amount is confirmed, priority is given to a one-time plan for discount compensation or total deduction, and the calculation base, payment period and overdue liability are stated in the terms to avoid leaving the dispute for many years.