Facts
This decision concerns an application for supplementary benefits filed by Ms. T. against the Office of Social Insurance and Disability Insurance of the Canton of Thurgau and the AHV/IV Appeals Commission of the Canton of Thurgau.
The dispute concerns the consideration, in the calculation of Ms. T.'s supplementary benefits, of a lump-sum payment of CHF 67,002 made by the pension fund to her husband, domiciled in Turkey, upon his retirement.
Considerations
The Federal Insurance Court considers that, during the duration of the matrimonial property regime of participation in acquired property, the assets that are part of the acquired property of one spouse cannot be taken into account in the calculation of the supplementary benefit as the other spouse's share of assets.
Indeed, the right to participation in acquired property is only a potential claim, which cannot be assigned or pledged before the dissolution of the matrimonial property regime. As long as the matrimonial property regime is not dissolved, one spouse cannot assert any rights over the other's assets, apart from the maintenance obligation.
Therefore, the share of CHF…