What to do in the event of divorce?

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Pension fund assets are often one of the biggest financial items that must be dealt with during divorce proceedings.

A fundamental principle of the Swiss Pension Fund Act (BVG) is that the pension fund assets of both parties accrued during the marriage must be divided equally.

 

Example: 

  Party 1 Party 2
Pension fund assets at marriage CHF 100‘000 CHF 20‘000
Pension fund assets at divorce CHF 300‘000 CHF 60‘000
Pension fund assets to be split CHF 200‘000 CHF 40‘000
Settlement payable to other party CHF 100‘000 CHF 20‘000
Net settlement payable CHF 80‘000  
Pension fund assets after separation due to divorce CHF 300‘000 – CHF 80‘000
= CHF 220‘000
CHF 60‘000 + CHF 80‘000
= CHF 140‘000

In the case of divorce, the reference date for establishing the size of the pension fund assets is the date on which divorce proceedings were instituted.

Whether the pension fund assets are to be split equally between the parties is a matter for the divorce court to decide.

  • Important 1: Pension fund assets will not be split if the parties have separate matrimonial estates
  • Important 2: Voluntary buy-ins to the pension fund are also split
  • Important 3: Retirement and disability pensions that are already being paid are also split in the event of divorce

Please contact the administration office should you have any questions on divorce and pension funds.

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