Pension rights adjustment: Exclusion in cases of serious marital crimes
The question of whether the pension rights adjustment can be excluded in cases of severe marital misconduct regularly occupies the family courts. A recent decision by the Higher Regional Court (OLG) Stuttgart (Case No.: 11 UF 222/24, published on July 22, 2025) deals with a scenario that particularly sheds new light on the limits of pension rights adjustment in cases of significant misconduct by a spouse.
Background of the pension rights adjustment
The purpose of the pension rights adjustment is to divide the entitlements to old-age or disability pensions acquired by spouses during the marriage in the event of divorce. The statutory provisions in the Pension Rights Adjustment Act (VersAusglG) are based on the idea of marital equalization and partnership solidarity.
In exceptional cases, according to § 27 VersAusglG, complete or partial exclusion of the pension rights adjustment may occur if its implementation would be grossly unfair to the obligated spouse. The application of this exclusion criterion is bound to particularly high standards.
The case: Assault resulting in severe consequences
The OLG Stuttgart was presented with the appeal of a husband whose wife became blind in one eye due to a serious physical assault during the marriage. The act had criminal relevance; the husband was subsequently convicted under criminal law. After divorce proceedings were initiated, the wife sought full pension rights adjustment, referring to the years of marriage together.
The lower court had initially excluded the adjustment. On appeal, the OLG Stuttgart had to assess to what extent the serious offense so undermined the principle of marital solidarity that financial equalization could no longer be justified.
Standards of unfairness in pension rights adjustment
Weighing the circumstances of the individual case
According to established case law of the Federal Court of Justice, in examining § 27 VersAusglG, a careful weighing of all circumstances of the individual case must be carried out. Particularly relevant are serious offenses that are directly committed against the other spouse and are capable of permanently destroying the relationship of trust between the spouses.
In this case, a significant act of violence resulting in a severe and permanent impairment, causing lasting psychological and physical consequences for the wife, was the decisive criterion.
Relevance of the criminal proceedings
The criminal proceedings had already clarified the question of guilt with sufficient legal certainty. In the view of the OLG, a serious bodily injury resulting in permanent harm (blindness in one eye) constitutes misconduct of such intensity that the basic requirements for a pension rights adjustment are no longer met.
Consequences for pension rights adjustment
The OLG Stuttgart confirmed the lower court’s decision and clarified that a serious injury with lifelong consequences—as in the present case—can justify the exclusion of the pension rights adjustment under § 27 VersAusglG. Consideration is not only to be given to the criminal evaluation, but above all to the specific marital circumstances and the resulting degree of unreasonableness for the obligated spouse.
No automatic application
However, even after a serious crime, a weighing of interests is always required. The pension rights adjustment is neither a reward nor a sanction for marital misconduct, but rather serves to equalize what was acquired together. Only in exceptionally severe cases—where the conduct of one spouse amounts to the ultimate destruction of marital solidarity—can exclusion be justified.
Assessment and significance of the decision
The OLG Stuttgart’s judgment underscores the high threshold for the exclusion of pension rights adjustment and makes clear that only the most serious violations with lasting consequences for the victim can justify this exception. At the same time, it becomes evident that the family courts are obliged to take all circumstances into account, in particular the specific consequences for the victim.
With this decision, the principle of marital solidarity is maintained without undermining the protective purpose of the law. For those affected in similar situations, this means the necessity to thoroughly establish the particular severity and concrete consequences of marital misconduct.
Focus on individual case assessment
It remains the case: The assessment of whether the pension rights adjustment can be excluded in extreme cases of conflict must always be measured by the circumstances of the specific individual case. The courts have wide discretion in weighing the facts, but this is limited by the high threshold for intervention inherent in this exceptional provision.
For questions relating to pension rights adjustment, the statutory options for exclusion, or legal assessment in special individual case scenarios, the lawyers at MTR Legal are available as points of contact to jointly evaluate the key aspects and provide support in safely navigating the legal framework.
