Insights

Can Ningbo pension be divided before divorce is started?

Ningbo Author：LuXu WANG

the personal account of endowment insurance has saved money for a lifetime, but it comes to mind when you get a divorce: can you divide the money before you get it, or even before you retire? the answer is yes-it is the "accumulated value" in the account, not the future pension.

Legal Attributes of 1. Pension

the Civil Code recognizes old-age insurance premiums (personal accounts) during the marriage as joint property of the spouses. It, like wages, is a property benefit formed by labor accumulation after marriage, and should be included in the division of vision when divorcing.

Don't be misled by "Not yet."

many people think that "if you don't start collecting, you don't count as property", which is a misunderstanding. The law looks at the accumulation of personal accounts during marriage, not whether they have reached retirement age and whether they have actually received them.

2. joint deposit during marriage

the part of the old-age insurance premiums paid by the two parties after marriage, which belongs to the common property, may claim division in the event of divorce. The balance deposited before marriage usually belongs to the individual, and the deposit after marriage and the corresponding value-added enter the common scope.

Distinguish between pre-and post-marriage nodes

the processing is bounded by the registration of marriage, the balance of the personal account before marriage belongs to the individual, and the accumulation of continuous deposits after marriage is treated as a common interest. Use the deposit records to draw the line.

3. not retired can also be divided

even if neither party has reached retirement age and it is uncertain whether or not they will receive it in the future, the value of the account formed during the marriage can still be divided as common property, usually in the form of "compensation by the holder to the other party.

4. split is the account value

in practice, the accumulated amount of personal account during marriage is mostly compensated by the old-age insurance party to the other party, rather than cutting the future pension into pieces. The compensation amount refers to the account details.

The Difference Between 5. and Retirement

the pension actually received is joint income if it occurs during the marriage; if it is received only after divorce, it is usually no longer divided as joint property. So "marital sub-accounts" and "post-divorce money" are two things.

Two Algorithms for Retired and Near Retirement

for those who have already started to receive a pension, the money they receive each month belongs to the continuation of wage income, and the part received during the existence of the marriage relationship is common property, and what they receive after divorce belongs to them and is no longer divided. Those who are nearing retirement but have not yet received them are still treated as accumulated in their personal accounts. If one party claims that the other party will pay a certain percentage of the monthly payment after retirement, the court generally does not support it, because the division is the property that already exists at the time of the divorce, not the future income.

The split difference between the 6. individual account and the pooled account.

The payment of basic old-age insurance for employees is divided into two parts: those paid by the unit enter the overall account, and those paid by individuals are included in the individual account, which is generally included at 8% of the payment base. Only the principal and bookkeeping interest accumulated during the marriage in the personal account can be divided, and the overall part has the attribute of social insurance, does not belong to personal property, and is not divided in the event of divorce.

The inquiry method is not complicated. I can print the personal rights and interests record form through the social security agency or online service channel (Ningbo insured can handle it through the "Zheli Office" APP or the social security agency of the insured place), which indicates the payment base, accumulated storage amount and bookkeeping interest over the years. If the other party does not cooperate with the provision, it can apply to the court to obtain it from the social security institution in the lawsuit, usually 10-20 working days to reply. The processing logic of supplementary old-age insurance is the same as that of enterprise annuity, and it is also accounted for in half according to the accumulated part of marriage.

7. case proof

in practice, if the balance of the personal account of the old-age insurance deposited during the marriage is recognized as common property, the court usually orders the account holder to compensate the other party for the accumulated part after marriage, the amount of compensation is generally 50% of the accumulated amount after marriage.

In practice, if both parties are not retired and one party claims to divide the pension, the court will still treat the accumulated value of the account during the marriage as the subject of compensation, and will not exclude the division because it is not actually received.

In practice, if one party refuses to provide deposit details, the other party may apply to the court for transfer from the social security agency, and the transfer period is generally 15 to 30 days. After finding out, 50% of the accumulated amount during marriage will be compensated. The accumulated amount within marriage in the personal account of urban employees is common in the range of 650

00yuan to 260000 yuan.

8. Risk Alert

  • mistakenly think that if you don't get it, you don't count as property, and you miss points.
  • Regardless of the pre-marital and post-marital nodes, the scope is wrong.
  • Focus only on future pensions and ignore the present value of the account.
  • There is no deposit record and the amount is unclear.
  • The money received after the divorce was mistakenly shared.
  • Do not apply for withdrawal of deposit details, only oral amount claims.
  • Pooled accounts are confused with individual accounts, and the scope of division is enlarged.
  • The base date of compensation is unclear and the amount is repeatedly disputed.

9. FAQ

has the pension not started to receive points?

Can. Divided is the cumulative value of personal accounts during marriage and is not excluded because of non-retirement.

Is it common for those paid before marriage?

Premarital balances are usually attributed to the individual, with postmarital contributions and appreciation into the common range.

How to divide?

More by the holder on the marriage of the accumulated part of the compensation to the other party, refer to the account details.

Is the pension received after divorce common?

Generally not as a common property division, and marital sub-accounts are two things.

The other party is the social security paid by flexible employees themselves. Can they also share it?

Can. The contribution funds come from the common property during the marriage, and the portion of the personal account accumulated during the marriage is also common property, and the treatment is consistent with the employee's social security.

Practical Experience of 10. Lawyers

"The pension hasn't been collected yet. Can divorce be divided?" The answer is yes, but what is divided should be clearly divided. In practice, it is the accumulated value in the personal account during the marriage, not the expected benefits of future pensions or monthly payments. Many parties are misled by "not receiving property". In fact, the law looks at the amount of accounts accumulated during marriage, which has nothing to do with whether they have reached retirement age or actually received it. If you figure this out first, you won't give up this piece in vain in the negotiation, and you won't be prevaricated by the other party's "the money hasn't been obtained yet.

The calculation is based on marriage registration: the part that has been deposited before marriage usually belongs to the individual, and the principal and corresponding bookkeeping interest that continue to be deposited after marriage enter the common scope. In the contribution of the employee pension insurance, what can be divided is the part accumulated during the marriage in the personal account, and the part that the unit pays into the co-ordination account has the attribute of social insurance and is generally not divided. When operating, I can print personal account details through social security agencies or online channels, the pre-marital and post-marital deposit records clearly.

There are also two situations to distinguish: those who have already started to receive pension, the part received during marriage belongs to the common income, and those received after divorce belong to themselves, which are usually no longer divided; Those who have not yet received their pensions near retirement are still treated according to the accumulated amount of their personal accounts. If one party claims that the other party will give a certain proportion monthly after retirement, it is generally difficult to obtain support, because the division is the property that already existing at the divorce, not the future income. During the negotiation, the "account details and one-time discount compensation" can be taken as a quick solution. The tip to avoid the pit is not to talk about compensation as a cross-border arrangement of "how much will you give me every month in the future", and not to just focus on personal accounts and omit other common property.