Facts

In this case, the issue was the division of the vested benefits of the husband ([H.]) upon divorce from his wife (W.). [H.] had made an advance withdrawal of CHF 130,000 during the marriage for the acquisition of home ownership. This home ownership was later sold at a loss of CHF 98,500. The Federal Supreme Court had to decide whether this loss should be taken into account in the division of the vested benefits.

Considerations

  • The advance withdrawal for home ownership is to be treated as a substitute for retirement provision and will be added to the vested benefits upon divorce, insofar as there is an obligation to repay. Since the proceeds from the sale of the home ownership were fully repaid to the pension fund, the resulting loss of CHF 98,500 is not to be taken into account again in the division of the vested benefits.
  • The vested benefits existing at the time of marriage must be accrued with interest until the time of the advance withdrawal according to the law. For the remaining balance after the…