Facts
X. (the plaintiff) and Y. (the defendant) were married on October 29, 2004. Their marriage, which remained childless, was dissolved by judgment of June 19, 2009. During the divorce proceedings, the issue of the division of occupational pension provision was contested. The Cantonal Court awarded the plaintiff an indemnity of CHF 20,000 as a division of the pension, which the latter contested before the Federal Tribunal.Considerations
The Federal Tribunal ruled that the Cantonal Court had made an erroneous application of Art. 124 CC regarding the equitable indemnity in the case of occupational pension provision. Indeed, since the plaintiff did not have her own occupational pension provision, the pension case was not realized in her regard. Consequently, the division had to be carried out in accordance with Art. 122 para. 1 CC, which provides for the equal division of pension assets acquired during the marriage.
The Federal Tribunal then examined whether the conditions of Art. 123 para. 2 CC allowing the refusal of all or part of the division due to its manifestly inequitable nature were met. It considered that this was not the case in the present instance, as the economic situation of the parties did not justify such a measure.
Finally, the Federal Tribunal excluded that the division…