Facts
The spouses S. and C. concluded a contract with the pension fund V. in 1995 for a loan of CHF 260,000 to finance the owner-occupied home owned solely by S. In 2000, S. applied for an early withdrawal of CHF 100,000 from his pension savings without the consent of his wife C. to amortize the mortgage. C. then filed a lawsuit against the pension fund to have the invalidity of this early withdrawal declared. The cantonal court did not enter into the lawsuit, as it did not see a worthy interest of the wife in the determination.Considerations
The Federal Supreme Court overturned the decision of the cantonal court and remanded the case for a substantive assessment. It stated that the wife did indeed have a legally relevant interest in the determination of the invalidity of the early withdrawal. On the one hand, this is relevant for the question of the division of the termination benefit in the divorce proceedings. On the other hand, the validity of the early withdrawal may…