Facts
The parties were married in 1967 and were legally divorced in 1998. At the time of the divorce, the plaintiff was partially disabled and received a disability pension from the occupational pension scheme. The cantonal court ordered the plaintiff's pension fund to transfer CHF 42,000 from his termination benefit to a vested benefits account of the defendant, in order to award her appropriate compensation pursuant to Art. 124 CC.
The plaintiff appealed against this order and requested to completely refrain from a pension equalization. The Federal Supreme Court dismissed the appeal.
Considerations
The Federal Supreme Court held that in the case of partial disability of a spouse, only appropriate compensation under Art. 124 para. 1 CC is owed, as a division of the termination benefit under Art. 122 CC is technically not possible. The determination of the appropriate compensation must take into account the overall financial circumstances and pension needs of the parties.
The court can award the compensation either in the form of a lump-sum payment or a pension. In the present case, the cantonal court ordered that a portion of the remaining termination benefit of the plaintiff be transferred to a vested benefits account of the defendant, which is permissible under Art. 22b VPBA.
The Federal Supreme Court held that this form of payment does not depend on whether…