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Old 21.08.2021, 13:15
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Vested benefits assets split in case of divorce

I'm considering to enter a marriage in Switzerland. I'm researching ways how to best protect my assets in case of possible divorce in future.

My question is, what will happen with vested benefits assets in case of divorce if the marriage is established by a marriage contract with the matrimonial regime as "Separate estates"?

I'm referring to the information here: https://www.ch.ch/en/matrimonial-regime/

"The husband and wife retain individual ownership of their own property and manage it themselves. Nothing is divided up between the ex-husband and wife if the marriage ends. Separate estates can be established by a marriage contract."

Does the statement above hold also for vested benefits assets? I've found conflicting information on the Internet. Could someone bring some clarity on this? Is the future ex-spouse eligible to claim half of my vested benefits assets even if we agree to have separate estates by a marriage contract?
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Old 21.08.2021, 13:23
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Re: Vested benefits assets split in case of divorce

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I'm considering to enter a marriage in Switzerland. I'm researching ways how to best protect my assets in case of possible divorce in future.

My question is, what will happen with vested benefits assets in case of divorce if the marriage is established by a marriage contract with the matrimonial regime as "Separate estates"?

I'm referring to the information here: https://www.ch.ch/en/matrimonial-regime/

"The husband and wife retain individual ownership of their own property and manage it themselves. Nothing is divided up between the ex-husband and wife if the marriage ends. Separate estates can be established by a marriage contract."

Does the statement above hold also for vested benefits assets? I've found conflicting information on the Internet. Could someone bring some clarity on this? Is the future ex-spouse eligible to claim half of my vested benefits assets even if we agree to have separate estates by a marriage contract?
Best not to get married then.

The default situation is only access acquired during the marriage, so 50% of pension for the years of the marriage. Inheritance never gets split.
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Old 21.08.2021, 13:34
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Re: Vested benefits assets split in case of divorce

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Best not to get married then.
But I want to marry. I made a calculation and the marriage will lower my marginal tax rate, since the annual tax return will be submitted jointly.

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The default situation is only access acquired during the marriage, so 50% of pension for the years of the marriage. Inheritance never gets split.
I know what is the default situation. But as I said, I don't want the default situation, I want to have estates separated by a marriage contract. But it seems that vested benefits are split on half anyway in case of divorce.
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Old 21.08.2021, 14:21
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Re: Vested benefits assets split in case of divorce

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Best not to get married then.

The default situation is only access acquired during the marriage, so 50% of pension for the years of the marriage. Inheritance never gets split.
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But I want to marry. I made a calculation and the marriage will lower my marginal tax rate, since the annual tax return will be submitted jointly.



I know what is the default situation. But as I said, I don't want the default situation, I want to have estates separated by a marriage contract. But it seems that vested benefits are split on half anyway in case of divorce.
As FMF said, best not to marry if the reason is a financial one. Check with a tax advisor how to lower your tax burden
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Old 21.08.2021, 14:21
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Re: Vested benefits assets split in case of divorce

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But I want to marry. I made a calculation and the marriage will lower my marginal tax rate
Who said romance was dead?
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Old 21.08.2021, 14:47
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Re: Vested benefits assets split in case of divorce

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Who said romance was dead?
I think the OP might be better served by some sort of body-leasing contract that auto renews unless he sends a registered letter 90 days before the renewal date
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Old 21.08.2021, 17:34
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Re: Vested benefits assets split in case of divorce

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I'm considering to enter a marriage in Switzerland. I'm researching ways how to best protect my assets in case of possible divorce in future.

My question is, what will happen with vested benefits assets in case of divorce if the marriage is established by a marriage contract with the matrimonial regime as "Separate estates"?

I'm referring to the information here: https://www.ch.ch/en/matrimonial-regime/

"The husband and wife retain individual ownership of their own property and manage it themselves. Nothing is divided up between the ex-husband and wife if the marriage ends. Separate estates can be established by a marriage contract."

Does the statement above hold also for vested benefits assets? I've found conflicting information on the Internet. Could someone bring some clarity on this? Is the future ex-spouse eligible to claim half of my vested benefits assets even if we agree to have separate estates by a marriage contract?
You really need to contact a financial advisor - here we know nothing about your situation - we only see that you are in Zurich. That you are even asking about it, shows that it is of concern, and that you should probably engage the correct professional advice.

Here, we don’t know know your profile whether you are discussing a ‘my five goats against your 3 cows situation’ or a billion dollar’ background. All is possible. And any advice we can give is mostly from own experience.

The standard rule applied here, as far as I know, to vested benefits, is that the amount to which your married partner has contributed (or whoever had the highest income) over the years between marriage / separation date and divorce date, will be automatically allocated to your own vested benefits.
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Old 21.08.2021, 17:41
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Re: Vested benefits assets split in case of divorce

Look at §122 – 124 ZGB. There is no mention of “Güterstand” so I’d imagine it’s immaterial and at least 1st and 2nd pillar accumulated during marriage is split. 3rd pillar I’d regard as personal and exempt but I’m not a lawyer…

As others have said, getting married to save money is a bit of an oxymoron. If your calculation that taxation as a married couple lowers the amount due is correct, it would imply that your partner earns little or nothing. I’d suggest that while “Gütertrennung” would spare you from sharing your ill-gotten gains when divorcing, you’re leaving yourself open to alimony demands from somebody who resents their living standards going south.

A couple of random links which support my interpretation – please translate yourself
https://msmgroup.ch/achtung-bei-pk-e...uetertrennung/
https://www.beobachter.ch/foren/ques...ionskasse.html
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Old 21.08.2021, 17:50
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Re: Vested benefits assets split in case of divorce

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Look at §122 – 124 ZGB. There is no mention of “Güterstand” so I’d imagine it’s immaterial and at least 1st and 2nd pillar accumulated during marriage is split. 3rd pillar I’d regard as personal and exempt but I’m not a lawyer…

As others have said, getting married to save money is a bit of an oxymoron. If your calculation that taxation as a married couple lowers the amount due is correct, it would imply that your partner earns little or nothing. I’d suggest that while “Gütertrennung” would spare you from sharing your ill-gotten gains when divorcing, you’re leaving yourself open to alimony demands from somebody who resents their living standards going south.

A couple of random links which support my interpretation – please translate yourself
https://msmgroup.ch/achtung-bei-pk-e...uetertrennung/
https://www.beobachter.ch/foren/ques...ionskasse.html
Yes, the OP needs to be aware of the difference between 1st and 2nd pillar. They are directly asking about vested benefits - which is the amount they have already contributed into their 2nd pillar pension scheme in their countries of previous work.

Really OP, this is a question that I would find a professional consultant for - it’s not something to be messed around with, and is a completely valid concern. I would ask your new employer as a starting point.
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