That question is basically answered by the law applicable to the matrimonial property regime of the spouses (Article 10:51 of the Civil Code). This is addressed in question 2, so it depends on which law is applicable.
However, there is one exception. Pension rights accrued in the Netherlands are divided according to the Dutch Pension Regulations, the Act on Equalisation of Pension Rights: even if foreign law applies to the matrimonial property regime.
Pensions accrued abroad that have to be divided according to Dutch law are sometimes still complicated to settle. The ex-spouse will only have a right to payment towards the spouse, as no action can be taken towards the foreign pension administrator. After all, these do not have the obligation to cooperate administratively in pension equalisation.
Therefore, it is important to make a proper agreement for that.
Küppers & Odekerken Advocaten
4835 NA Breda