離婚年金權利分配制度(Versorgungsausgleich)以德國法為借鏡

Abstract

During the last years the family law in Taiwan has been amended for several times in order to realize the gender equality in marriage. On the other hand, the old age pension systems have been also gradually established. With regard to both contexts the issues that if the divorced spouse should participate in the expectant rights of the old age pension acquired during the marriage by the other spouse and how to participate become increasingly important. If we can actually create a system of credit splitting, the divorcees who stop working completely after marriage for the household could be more adequately guaranteed by the old age pension systems. In Germany the family law reformed in 1976 and amended in 1983 by ”Law on hardship Cases of Credit Splitting Provisions” provides a system of credit splitting, which regulates how the expectant rights of old age pension could be shared and transferred at divorce. This article is conducted to introduce this system and the related discussions of policies. This article also tries to make a comparative study about some questions which occur if we also want to establish such system in Taiwan, like if the expectant rights from public pension schemes could be qualified as property of spouses and then be split.