Facts
X. (husband/appellant), born in 1961, and Y. (wife/respondent), born in 1956, were married in 1988. After their separation in October 2005, the cantonal court granted their divorce without awarding maintenance to the wife and refusing to divide the husband's occupational pension assets. The wife appealed. The appellate court decided that the pension assets acquired during the marriage would be divided equally. The Federal Tribunal dismisses the husband's appeal against this decision. Although the wife has considerable assets (approximately CHF 3.1 million) and the husband has no personal fortune, the equal division of the pension assets is not manifestly inequitable. The right to the division of pension assets is unconditional and independent of proof of any detriment related to the marriage or the division of tasks during the marriage. Only exceptional circumstances, which are not present in this case, could justify the total or partial exclusion of the division.Considerations
According to the case law of the Federal Tribunal, the right to the division of occupational pension assets acquired during the marriage is in principle unconditional and independent of proof of any detriment related to the marriage or the division of tasks during the marriage. This right stems from the community of destiny associated with marriage and does not depend on how the spouses divided the tasks.
The division can only be totally or partially excluded in exceptional cases, where it would be manifestly inequitable in view of the financial and economic situation of the spouses after the divorce (Art. 123 para. 2 CC). The mere fact that…