Facts
X. (wife), born in 1972, and Y. (husband), born in 1968, married in 1996 and became parents of two daughters. The wife took care of the household and cared for the children during the marriage, while the husband worked as a sales manager in the field service. The marriage was separated at the end of 2005 and divorced in 2008.
In the divorce proceedings, the wife's claim from occupational pension provision against the husband remained disputed. The husband's pension assets are pledged to the Cantonal Bank to secure mortgages for the husband's residential property. The District Court awarded the wife compensation in the amount of half of the husband's termination benefit, which he has to pay in monthly installments. Both parties appealed.
The Cantonal Court decided that the pension equalization could not be regulated, as the pledgee of the pension assets did not consent to the transfer of a portion of the pledged pension assets to the wife. It obliged the husband to seek the consent of the pledgee and to inform the wife of the result.
Considerations
The Federal Supreme Court upholds the wife's appeal and obliges the husband to pay her appropriate compensation in accordance with Art. 124 para. 1 CC in the amount of CHF 72,755.60 plus interest in monthly installments.
The Federal Supreme Court states that a complete loss of value of the pledged pension assets has neither actually…