1. Overview of the 2026 court decision
On 29 January 2026 the Landessozialgericht Baden-Württemberg issued a ruling (Aktenzeichen L 10 R 139/25) that clarifies how child‑rearing periods (Kindererziehungszeiten) are allocated for pension purposes when both parents share upbringing. The court confirmed that, unless parents make a timely joint declaration to the pension insurance, those child‑rearing pension points remain assigned to the mother by default—even in cases of equal shared custody or the Wechselmodell (alternating care model). A later change of allocation is possible but only retroactively for up to two calendar months.
Key takeaway
Children’s pension points awarded for periods of child‑rearing are generally kept with the mother if parents do not submit a timely, joint declaration to the pension insurance. Many parents, especially fathers, are unaware of this rule, which can lead to unexpected impacts on future pension entitlements.
2. How child‑rearing time and pension points affect retirement
Child‑rearing time can generate pension points that increase a parent’s future pension amount. These pension points are an important component of long‑term retirement entitlements. When points are allocated to one partner, the other partner’s individual pension record may remain lower, which changes the final pension calculation decades later.
Facts at a glance
- Allocation default: Without a joint, timely declaration, child‑rearing points are assigned to the mother.
- Shared custody: The court confirmed this default applies even in shared custody or Wechselmodell situations.
- Retroactive change: A later change of allocation is limited to two calendar months retroactively.
- Impact: Fathers can lose potential pension points unless allocation is proactively addressed.
3. Practical consequences for parents
The ruling has practical implications for both parents, but especially for fathers who participate equally in child care. If points remain with the mother, the father’s pension record can be permanently lower—unless the parents timely register a different allocation with the pension insurance. This can also affect outcomes in divorce proceedings.
Consequences in divorce and separation
In divorce cases, the Versorgungsausgleich (pension equalization) divides pension entitlements acquired during the marriage. Pension points from the marriage period are typically shared automatically during a divorce. That makes the initial allocation of child‑rearing points relevant: if the mother holds the points, they may still be split under the Versorgungsausgleich; however, the starting allocation affects how much each spouse has recorded before equalization. For unmarried couples there is no automatic pension equalization, so the initial allocation can have longer consequences.
- If married: pension points from the marriage are split by the Versorgungsausgleich, but the recorded allocation before splitting matters.
- If unmarried: points kept with the mother remain with her unless changed by timely declaration, with no automatic equalization.
- For fathers in shared custody: failure to submit a joint declaration can mean losing the opportunity to have those points recorded on their own pension record.
4. What parents should do now
Given the court’s decision, parents who share childcare responsibilities should take early, concrete steps to protect their long‑term pension interests and avoid surprises later on. Early action is especially important in the context of separations or when planning future finances.
Recommended actions
- Check your pension statements: Verify which child‑rearing periods and pension points are currently recorded for each parent.
- Make a joint declaration early: If you want the father to receive the points, submit the required joint declaration to the pension insurance promptly.
- Document agreements in writing: Record any parental agreements about allocation and keep proof of submissions and receipts from the pension insurance.
- Seek professional advice: Consult a pension advisor or family law specialist before separation or divorce to understand effects on pension entitlements and Versorgungsausgleich.
- Consider marital agreements: Couples can address long‑term pension and financial planning through contracts or arrangements before major life changes.
5. Frequently asked questions
Who keeps the child‑rearing pension points by default?
By default, and according to the 29 January 2026 ruling, child‑rearing pension points are assigned to the mother unless a timely, joint declaration to the pension insurance states otherwise.
Can a parent change the allocation later?
A change is possible, but any retroactive correction is limited: adjustments can only be applied retroactively for up to two calendar months. That means late action often cannot recover long‑term lost pension points.
How does this affect divorced couples?
In divorces the Versorgungsausgleich divides pension entitlements accumulated during the marriage. The initial allocation of child‑rearing points influences what is recorded for each spouse before equalization. Unmarried couples do not benefit from automatic pension equalization, so the initial allocation can remain decisive.
6. Conclusion and next steps
The Landessozialgericht’s ruling highlights an often overlooked technical detail with major long‑term financial consequences: without a timely joint declaration, child‑rearing pension points remain with the mother even under shared custody. Parents should check pension records early, consider joint declarations if appropriate, and consult pension or family law advisors when planning separations or long‑term finances. Acting proactively can prevent unexpected gaps in retirement income for either parent.
