A retirement depot (Altersvorsorgedepot) is meant to provide money in old age, not to be lost when a creditor comes knocking. Whether the balance is protected from seizure is decided by civil procedure law, not by the product name. This guide explains the rule, its limits, and the points that remain open.
In short: Under § 851c subsection 2 of the German Code of Civil Procedure (Zivilprozessordnung, ZPO), amounts that a debtor sets aside for adequate old-age provision cannot be seized. For debtors aged 28 up to the completed 67th year of life, the annual limit is 7,000 euros, with a total of up to 340,000 euros. Whether your retirement depot meets the conditions depends on the contract terms. Last updated: November 2026.
Key points
- § 851c ZPO protects amounts saved for adequate old-age provision, up to fixed annual limits.
- The annual limit is 6,000 euros up to the completed 27th year of life and 7,000 euros from the 28th up to the completed 67th year of life.
- The total of these protected savings is capped at 340,000 euros.
- The protection depends on contract features, such as a lifelong benefit and a ban on dispositions. You check whether your contract meets them in its terms.
- The amounts are adjusted for the first time on 1 July 2027 and then every five years.
Which amounts are protected from seizure?
Under § 851c subsection 2 ZPO, amounts are not subject to seizure if the debtor saves them to build adequate old-age provision under a contract described in subsection 1. The protection applies only as far as the amounts stay within certain limits. The limits depend on the debtor’s age.
| Age of the debtor | Protected amount per year | Total amount |
|---|---|---|
| 18 up to the completed 27th year of life | 6,000 euros | 340,000 euros |
| 28 up to the completed 67th year of life | 7,000 euros | 340,000 euros |
The source of these figures is the statutory text on gesetze-im-internet.de, as retrieved in November 2026. The table covers only the amounts saved. Contracts with a surrender value follow an additional rule in sentence 3: if the surrender value exceeds the unseizable amount, three tenths of the excess is unseizable. This rule links to the surrender value, which not every contract reports.
Does this apply to my retirement depot?
§ 851c subsection 1 ZPO sets out the conditions a contract must meet before its claims can be seized only like earned income. There are four conditions:
- The benefit is paid at regular intervals for life and not before the completed 60th year of life, or it is only paid in case of occupational disability.
- No dispositions may be made over the claims under the contract.
- Naming third parties as beneficiaries is excluded, except for surviving dependants.
- No lump-sum payment is agreed, except a payment on death.
Whether a particular retirement depot meets these conditions depends on the contract terms you request from the provider. The statute names no product. The term retirement depot alone therefore tells you nothing about seizure protection. Only a review of the terms gives a binding answer for your contract. In a dispute, the court decides.
Which points should you check in the contract?
Before you rely on the protection, ask the provider these questions. The answers are usually in the contract terms or in the product information sheet.
- Which form of benefit is agreed: a lifelong pension, a withdrawal plan, or a lump sum?
- Can you dispose of the balance, for example through termination or partial payouts?
- Can a third party be named as beneficiary, and is that option excluded?
- From which age do benefits start, and is any benefit planned before the 60th year of life?
- How high are the annual payments so far, and do they exceed the limit for your age?
Worked example: what stays protected in an emergency?
Assumption: you are 35 years old, your contract meets the conditions of § 851c subsection 1, and you pay 9,000 euros in one year. The limit for this age is 7,000 euros per year.
| Item (assumption) | Amount | Protected under § 851c subsection 2 |
|---|---|---|
| Annual payment | 9,000 euros | – |
| Protected part up to the annual limit | 7,000 euros | yes |
| Excess above the limit | 2,000 euros | not under subsection 2 |
The excess does not fall under the savings rule in subsection 2. Whether it is still seizable depends on further rules and on the individual case. If you pay only 3,000 euros per year, the amount lies fully below the limit.
What applies to basic income support (Grundsicherung)?
Basic income support (Grundsicherung) follows its own rules on assets. Protection under the Code of Civil Procedure does not replace those rules and must be kept apart from them. The jobcenter can confirm in an individual case which allowances apply today and how a retirement depot is taken into account. Binding information on benefits is available from the Federal Employment Agency (Bundesagentur für Arbeit).
If you receive basic income support and also hold a retirement depot, check both questions separately. The seizure rule concerns creditors, while the asset rule concerns your benefit claim. A result from one check says nothing about the other.
How the limits may change over time
Planning ahead means accounting for future changes. The limits are not fixed for all time. The statute refers to developments in the capital market, mortality risk, and the level of the seizure exemption amount. Plan with today’s limits, but check the notice that applies before any major decision, rather than relying on an old table from the internet.
The adjustment takes effect on 1 July of every fifth year, starting in 2027. The new figures are published by the Federal Ministry of Justice in the notice on the seizure exemption amounts (Pfändungsfreigrenzenbekanntmachung), to which § 851c sentence 2 refers.
Frequently asked questions
Is a retirement depot automatically protected if I have debts?
No. Protection under § 851c ZPO depends on the amounts and on the contract features. How far it reaches depends on what you have saved and how your contract is designed. If you have debts, a recognised debt counselling service can help before you plan any payouts.
Does the protection also apply to Riester contracts?
The statute does not name Riester contracts expressly. Whether an existing contract meets the conditions of subsection 1 depends on its terms. The changeover and the payout are covered in the guide to Riester pension after the reform (in German).
Do I have to apply for the protection?
§ 851c ZPO provides for no application. The protection follows from the contract and from the amounts saved. In case of doubt, the court decides, and a debt counselling service can explain the procedure.
Where can I find the current limit?
The amounts are in the statute. They are adjusted for the first time on 1 July 2027 and then every five years. The Federal Ministry of Justice publishes the new values in the notice on seizure exemption amounts.
What to do now
- Read the contract terms of your retirement depot and check whether they meet the conditions of § 851c subsection 1.
- Ask the provider in writing how it classifies the contract under § 851c subsection 1.
- Calculate which annual payments exceed the limits, and plan your payments accordingly.
- If you have debts, contact a debt counselling service before you plan any withdrawal.
- If basic income support is a possibility, ask the jobcenter about the current asset rules.
Related guides
- Retirement 2027: The overview of depot, early-start pension and Riester
- Retirement depot early withdrawal: is it possible and what does it cost?
- What does a 20-year withdrawal plan mean for the retirement depot?
- Inheriting a retirement depot: what happens to the balance on death?
- Riester pension after the reform: what happens at payout?
Sources: § 851c ZPO, statutory text on gesetze-im-internet.de (version retrieved November 2026).
Last updated: November 2026. This guide is general information, not individual advice.
