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Old 10.01.2019, 15:19
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Divorce - 2nd Pillar Fund Equally splitting Between Spouses

Hello everyone ! First my English level is very low , i want to thank you for this who open this community and the members of this community to help each other with their advice and experiences , im appreciated for all

My situation is... i read that under swiss [divorce] law it says the 2nd pension fund gonna be divided in the middle and each spouse will be receive %50 of pension fund. [What if one spouse does not want to split?] 304;s it automatic? Or is there a clause which is says about on the agreement ? (Sorry it is my first time divorcing)...

... i did contact the Federal Office 2nd Pension Fund which is located in city Bern...And they told me to contact with a Swiss Bank to open Vested Benefits account for the receive my 2nd Pillar pension fund into this account which is gonna be divided equally between spouses when divorce happen in swiss court.

But question is the bank will allow me to open a Vested Benefits Account ? Because i [am not in Switzerland right now] .

And also if judge will make the decision to split the pension fund, how judge will make me receive that money, i mean the judge will ask me a normal bank account at my foreign country or a bank account that i have to own in switzerland ?

Honestly i have many questions and i will be happy to know every advice that could help me through this hard situation...

---------

So im wondering how i could open an account [since I'm not in Switzerland now] and is it possible to take out by cash [the pension after it is put into the account] .

Thank you very much for your help from now and im looking forward to your answer :confused

Last edited by 3Wishes; 19.01.2019 at 20:15. Reason: heavily edited at OP's request to preserve some privacy
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Old 10.01.2019, 15:54
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

Sorry to hear about your impending divorce.

Both of your Pillar 2 pension balances will be shared equally when you divorce. If you have no pension at all, your soon-to-be-ex-wife will receive nothing and you will receive half of her pension. But be aware that all retirement funds accumulated throughout your marriage, including the period before you moved to Switzerland, will be halved, so if you were working and building a pension fund balance at any time after you got married, you will have to give half of it away. Same for your wife. Note, any pension (or any other assets) accumulated before marriage is not split.

Pension-splitting occurs whether the divorce is amicable, agreed, contested, or whatever. If at least one of the spouses wants to split the pensions, they will be split. No question.

You may be able to agree to vary the pension-splitting arrangements (it depends on the judge), especially if foreign pensions are involved, and since you are living outside Switzerland. For example, if your wife has to transfer CHF 20,000 of pension savings to you, it may be possible for her to make the payment to you in cash, for you to use as you wish. This would have to be clarified with the judge.

The email you posted clearly sets out the procedure for you to receive your share of the pension pool, and for you to take the money as cash (if you are eligible as a non-EU resident). You should be able to open a Freizügigkeitskonto (vested benefits account) at one of the major banks. Providing a copy of your divorce judgment (Entscheid) will facilitate that process.
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Old 11.01.2019, 17:42
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

@22 yards , Thank you very much for your advice , and its really really explain me a lot , and its very helpful ,

As you said , i will see how things going at the court , and will see how will judge decide to for both side ..

...there is another law says , the working spouse may support the unemployed spouse with monthly financially [not sure if its obligatore] but what if my spouse offers me a monthly support... [instead of splitting the pension]

What judge will say about it?

304;f any advice abaout that would be very helpful , thank you

Last edited by 3Wishes; 19.01.2019 at 20:19. Reason: edited at OP's request
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Old 11.01.2019, 18:01
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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Both of your Pillar 2 pension balances will be shared equally when you divorce.
No, only the amounts accrued during the marriage.

Tom
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Old 11.01.2019, 20:19
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

...No, I don't think the judge will not change the pension law for a few Francs a month in support.

As for whether you can open an account when you are not a resident, that could be challenging. Contact any of the big banks and see what their procedures are for opening a vested benefits account and explain the situation.

Last edited by 3Wishes; 19.01.2019 at 20:19. Reason: removed quote/changed my reply after editing the OP
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Old 12.01.2019, 00:44
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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No, only the amounts accrued during the marriage.

Tom
Yes, Tom, I did say "be aware that all retirement funds accumulated throughout your marriage, including the period before you moved to Switzerland, will be halved". I concede that I could have linked that rider more clearly to my original statement.

I'm surprised you haven't btought up your standard line on asset settlements in divorces: that inheritances, whether obtained before or during the marriage, are not subject to splitting. :P
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Old 12.01.2019, 09:38
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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I'm surprised you haven't btought up your standard line on asset settlements in divorces: that inheritances, whether obtained before or during the marriage, are not subject to splitting. :P
Assets weren't mentioned by OP, just 2P.

Tom
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Old 12.01.2019, 15:58
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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No, I don't think the judge will not change the pension law for a few Francs a month in support.

As for whether you can open an account when you are not a resident, that could be challenging. Contact any of the big banks and see what their procedures are for opening a vested benefits account and explain the situation.
304;s it possible to have an account from Non EY/EFTA country to transfer the money or its zero percent chance for that ?

Thank you for answers

Last edited by 3Wishes; 19.01.2019 at 20:20. Reason: fixed the quote in the text
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Old 12.01.2019, 16:00
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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İs it possible to have an account from Non EY/EFTA country to transfer the money or its zero percent chance for that ?

Thank you for answers
It's a legal requirement, so clearly possible.
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Old 12.01.2019, 16:03
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Assets weren't mentioned by OP, just 2P.

Tom
Actually there is no assets , like we didnt buy house or apertment ,

Thank you for attention at my post

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It's a legal requirement, so clearly possible.
Oh thats good news , thank you for advice !

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Yes, Tom, I did say "be aware that all retirement funds accumulated throughout your marriage, including the period before you moved to Switzerland, will be halved". I concede that I could have linked that rider more clearly to my original statement.

I'm surprised you haven't btought up your standard line on asset settlements in divorces: that inheritances, whether obtained before or during the marriage, are not subject to splitting. :P
Yes , the splitting part is very clear , and its just possible for splitting between the day of marriage date and the date of divorce ,
Thank you for attention

Last edited by 3Wishes; 12.01.2019 at 16:22. Reason: merging consecutive replies
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Old 12.01.2019, 17:10
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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Actually there is no assets , like we didnt buy house or apertment
Cash, appliances, cars are all assets.

Tom
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Old 14.01.2019, 19:03
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

Yes , i did buy a Jaguar F-type ... So its must be split as well ,

No no i didnt
Thank you Tom for the answer
------

This is life very cruel , did anyone else here get divorced ? Can someone welcome me to the divorced world ...
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Old 14.01.2019, 19:10
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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did anyone else here get divorced ?
Both of my wives, albeit not from me (they were divorced when I met them).

A few friends, several twice!

I even knew one guy who divoreced the same woman twice, and then married her again!

Tom
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Old 14.01.2019, 19:23
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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This is life very cruel , did anyone else here get divorced ? Can someone welcome me to the divorced world ...
I am into my 6th year of trying to get divorced ... so it is not as simple as it should be and it is beyond cruel, in fact I would say the whole process is evil ... unless..

Both of you can agree, go to a lawyer who can file a joint proposal to the judge, who will make sure the law is not broken, otherwise the costs amount to about 1K to 2K.

Concede a huge amount, get this done and past you, you seem young and can soon rebuild your life. A prolonged divorce just traps you in the past.

I have not read the complete thread and I am very jaded as to divorce so take what I read with a pinch of salt.
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Old 15.01.2019, 13:30
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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As you said , i will see how things going at the court , and will see how will judge decide to for both side ..
If you reach an agreement, the court is unlikely to change whatever it is you have agreed upon. The only mandatory requirement is that what has accrued in the pension funds must be evenly split, and even that doesn't always happen.

I think you should talk to a divorce lawyer. Present your situation and see what is likely in it for you. It will cost you a few hundred CHF but it's probably money well invested.
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Old 15.01.2019, 17:34
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Re: Divorce - 2nd Pillar Fund Equally splitting Between Spouses

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If you reach an agreement, the court is unlikely to change whatever it is you have agreed upon.
Unlikely, yes, but it does happen. Even if both parties are in full agreement on the terms of the divorce, the judge may reject the agreement and ask for a new one, or impose his/her own conditions, if s/he believes that one party would be at a significant disadvantage if the original agreement were to take force.
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