Facts
This decision concerns an appeal filed by X. against Mrs. X. The dispute relates to the exclusion of the sharing of occupational pension benefits upon divorce (Art. 123 para. 2 CC).
The fact that one of the spouses did not pay contributions to their pension institution on their ancillary income does not allow for the refusal of the sharing of the termination benefits (considerations 4.2 and 4.3).
Considerations
According to the Federal Tribunal, the occupational pension benefits of the spouses must in principle be shared equally (Art. 122 CC). Exceptionally, the judge may refuse the sharing, in whole or in part, if it proves manifestly inequitable for reasons related to the liquidation of the matrimonial property regime or the economic situation of the spouses after the divorce (Art. 123 para. 2 CC).
The Federal Tribunal considers that the fact that a spouse is not required to contribute according to the BVG on their ancillary income does not allow for the refusal of the equal sharing of the termination benefits. The savings made on the salary are part of the acquired property and will be…