Facts
The parties married in 1967 and were divorced in 1998. The husband had been a member of a pension fund since 1969, while the wife was not a member of any occupational pension scheme. At the time of the divorce, the husband was partially disabled and received a disability pension from the occupational pension scheme. The cantonal court awarded the wife adequate compensation pursuant to Art. 124 CC and transferred two-thirds (CHF 42,000) of the husband's remaining pension fund assets to her.
The husband requests that no occupational pension offset be made. The wife considers the solution found to be fair and balanced.
Considerations
The Federal Supreme Court has ruled that in the case of partial disability, only adequate compensation pursuant to Art. 124 CC is owed. The adequate compensation is to be determined on the basis of the old-age credits acquired during the marriage, taking into account the overall economic circumstances of the parties and their respective pension needs.
The court must consider that the degree of disability may increase subsequently. The adequate compensation can be paid by transferring a portion of the remaining pension fund assets. The form of compensation is not regulated by law, but pursuant to Art. 22b VBA, the…