Belgian Bill Proposes Pension Split to Protect Caregivers

A new bill tabled in the Belgian federal parliament by N-VA MP Eva Demesmaeker proposes a “pensioensplit” (pension split) that would allow judges to enforce the division of pension rights accumulated during a relationship upon separation or divorce. The measure aims to address the structural pension disadvantage faced by caregivers — who remain predominantly women.

The Pension Gap in Belgium

Belgium has one of the largest gender pension gaps among OECD countries. According to AXA citing OECD data, women in Belgium receive on average 29% less pension than men, compared to the OECD average of 21%. Data from Knack shows that in 2025, the average gross pension for women was €1,853 compared to €2,252 for men, with female self-employed workers receiving just €911 per month on average.

The gap is driven primarily by part-time work, career interruptions for childcare or elder care, and sectoral segregation — all factors that disproportionately affect women. The Knack has also reported on the broader pension reform context, including large protests against stricter early retirement conditions introduced by Pension Minister Jan Jambon.

How the Pension Split Would Work

Demesmaeker’s bill proposes that upon separation, a judge would be empowered to enforce the division of pension rights accumulated during the relationship. The mechanism would be anchored through marriage or cohabitation contracts rather than through a direct modification of the pension system itself.

“This is how people who take on care tasks, still mostly women, are protected,” Demesmaeker said, as reported by Het Laatste Nieuws. She argued that the measure could also encourage a more equal distribution of caregiving responsibilities within households.

The pension split is already mentioned in the coalition agreement (regeerakkoord) but was notably absent from the recent pension reform package presented by Minister Jan Jambon (N-VA).

Coalition Partners Agree on Principle, Differ on Implementation

While all three coalition partners — N-VA, CD&V, and Vooruit — support the principle of a pension split, they differ significantly on how it should be implemented.

CD&V MP Nahima Lanjri previously proposed a mandatory and automatic pension split, where legal and supplementary pension rights accumulated during cohabitation would be automatically divided equally between partners. “Add up the man’s pension and the woman’s, divide the sum by two and give each half, it’s that simple,” Lanjri said, as reported by Redactie24. She emphasized that “a joint choice within a family, such as temporarily working less to care for children or family, should not later lead to a lower pension for one partner.”

Vooruit, the Flemish social democrats, also supports the principle but advocates for a fully automatic system rather than one requiring court intervention. Federal MP Anja Vanrobaeys argued that expecting couples to negotiate a pension split during divorce proceedings is unrealistic. “Conflicts are often at their peak at such a moment,” she said. “A fair pension should not depend on who can afford the best lawyer.”

Political Dynamics and What Comes Next

The intra-coalition debate reflects broader philosophical differences about state intervention versus individual contractual freedom. N-VA’s approach favors flexibility through marriage contracts with court enforcement as a backstop, while CD&V and Vooruit push for automatic protection that does not require legal action.

The bill has been tabled but has not yet been debated in parliament. Given that all three coalition partners support the principle, some form of pension split is likely to pass. The exact mechanism — automatic versus court-enforced — will be the subject of parliamentary negotiations in the coming months.

Broader Context

The pension split proposal represents a potential paradigm shift in how Belgium treats pension rights. Instead of viewing them as purely individual entitlements, the reform would recognize them as jointly accumulated assets during a relationship — acknowledging that unpaid care work has economic value. This comes amid broader pension reforms under the De Wever government that have proven controversial, with stricter conditions for early retirement sparking large-scale protests.

As the bill moves through parliament, the key question remains whether Belgium will adopt an automatic system that protects caregivers without requiring them to go to court, or a more flexible model that leaves the decision to individual couples.