Facts
A. (the plaintiff) and B. (the defendant) were married in 1993 and have three adult children. B. is an employee and shareholder of company C. AG, of which he is also a member of the board of directors. The spouses separated on October 1, 2013 and settled the consequences of the separation in an agreement.
On October 1, 2015, B. filed for divorce with the District Court of Bucheggberg-Wasseramt. By judgment of October 5, 2017, the court granted the divorce and ordered B.'s pension fund (pension fund D.) to transfer an amount of CHF 282,207.- to the spouse's vested benefits account. It also ordered the husband to pay a compensatory payment of CHF 321,478.- within the matrimonial property regime.
The parties appealed and filed a joint appeal against this judgment with the Cantonal Court of the Canton of Solothurn. By judgment of January 10, 2019, the Cantonal Court partially upheld the appeals and set the amount to be paid by pension fund D. at CHF 247,585.80 and the compensatory payment at CHF 346,363.-.
A. filed a civil law appeal against this judgment, requesting that it be annulled and that the case be remanded to the Cantonal Court for a new calculation of her entitlement to the division of vested benefits, taking into account the employer's contribution reserves with pension fund D. Subsidiarily, she requests that the case be remanded to the competent court pursuant to Art. 25a para. 1 VBA and Art. 73 OPA for the determination of this entitlement. Alternatively, she requests that the case be remanded to the Cantonal Court for the new determination of the compensatory payment within the matrimonial property regime, taking into account the existing employer's contribution reserves.
Considerations
The Federal Tribunal dismisses the appeal.
According to the Federal Tribunal, the employer's contribution reserves existing at the time of the opening of the divorce proceedings concern future contributions paid by the…