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German Court Upholds Spousal Income Rules for Retirement Pension Supplements

Married retirees in Germany face stricter pension rules after a landmark court decision. One woman loses €37 monthly—here’s why fairness debates fell short.

This picture shows a bed and few pillows and bed lamp and a photo frame and a plant and a table.
This picture shows a bed and few pillows and bed lamp and a photo frame and a plant and a table.

Federal Social Court approves income calculation for new basic pension supplement - German Court Upholds Spousal Income Rules for Retirement Pension Supplements

A federal court has upheld rules requiring retirees in Germany to include their spouse’s income when calculating eligibility for the basic pension supplement. The decision affects married couples, including a retiree from North Rhine-Westphalia who currently receives no supplement due to her husband’s earnings. The ruling confirms that the 2021 legislation remains valid despite challenges over fairness.

The case centred on a retiree who would have qualified for a €37 monthly supplement if her husband’s income were excluded. Under current rules, she receives nothing because the calculation includes spousal earnings. The court rejected arguments that this discriminates against married couples, stating that the approach falls within legislative discretion and does not violate constitutional rights.

The decision means the current rules for the basic pension supplement will remain unchanged. Retirees in married couples must continue to include their spouse’s income in eligibility checks. The ruling reinforces the government’s approach to balancing support for low-income pensioners with administrative efficiency.

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