If you divorce, the Pension Fund assets accumulated by both spouses during the marriage are split. The Pension Fund will create a feasibility statement for you. This document will tell you which vested benefits were earned from the time of marriage to the beginning of the divorce proceedings, and whether all preconditions for distribution have been fulfilled.
We need your date of marriage, the vested benefits at the time of marriage and the date the divorce proceedings began to create the feasibility statement.
You must then submit the document to the court having jurisdiction, which will make a decision on the amount of the distribution. As soon as a legally binding divorce decision has been made, the Pension Fund will begin distribution.
Purchase During a Marriage
The source of the funds is decisive when evaluating purchases that took place during the marriage. If it is your spouse's joint acquired property, the funds will be distributed upon divorce. If the funds come from your own property, purchases are withdrawn from the retirement assets that will be divided. Any capital brought into the marriage, as well as inheritances or gifts, count as your own property.
If there is an advance withdrawal to finance a residential home, it is also split in half. The occupant of the property after the divorce will be taken into account.
Divorce from a Recipient of a Retirement or Disability Pension
Since January 1, 2017, equalization payments have been available if your spouse is already drawing a retirement or disability pension from the Pension Fund. The court will use its discretion to decide the distribution of pensions and award the eligible spouse a share of the pension.
Divorce Outside of Switzerland
Divorces from a foreign country are not recognized in Switzerland with regard to the pension equalization. A legally enforceable decision from a Swiss court is required for the distribution of the Pension Fund assets.
Repurchase Due to a Divorce
The pension gaps arising as the result of a divorce can be closed at any time, independently of any applicable purchasing restrictions.