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Old 06.08.2013, 17:13
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Separation and Pension (Pilar II) split

From what I have been able to find out, the pension (Pillar II) is split in half
when a couple divorces. The amount that is split is the amount is that
accumulated during marriage.

But what about the case of legal separation when the other party does want
a divorce? It takes two years of separation to "force" the other party to
agree to a divorce. Ideally the pension amount subject to 50-50 split is
the amount accumulated from the time of marriage to the time of separation.
And NOT until the time of actual divorce which can be 2 more years like I said
when the other party does not agree to a divorce.

Anybody been through this would like to share what happens? The right
approach I believe is one where the clock stops at the time of legal
separation. But I would like to confirm.

Mike
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Old 06.08.2013, 17:16
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Re: Separation and Pension (Pilar II) split

I believe it is at the time of divorce, regardless of legal Separation. It is this way because a even a legally separated couple is obliged to care for one another. A lot of older couples don't divorce because of this reason so that they both get their fair share of the Pension.

BTW .. do you know how to get the Ausweise für Pensionskasse? It is a form needed when applying for divorce and i don't know where to find it.
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Old 06.08.2013, 17:47
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Re: Separation and Pension (Pilar II) split

From people I have known that have divorced, it is until the time of divorce, not separation.

Tom
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Old 07.08.2013, 17:49
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Re: Separation and Pension (Pilar II) split

Thank you for your answers. I'm wondering if this can be changed
by mutual consent. That is, if the husband and wife both agree that
the pension be split 50-50 from the date of marriage to the date of
separation, and sign some sort of a legal document stating so, can
the divorce court accept this?

And what if we agree to split it in something other than 50-50?
May be 60-40 or 70-30? If both party agree to something that
is not 50-50, is this legally enforceable? Or will the judge "force"
a 50-50 split regardless of prior arrangements?

Thanks
Mike123
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Old 07.08.2013, 17:53
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Re: Separation and Pension (Pilar II) split

Trennungsvereinbarung

You can download and fill one out yourself - or get a lawyer to put it together. It is not bulletproof.

It is there to cover separation of assets with regards to the tax authorities - so you can be taxed individually. There is a section with regards to P2 - and how you want it split.

It is worth noting that the courts will ignore the document if they believe it unduly penalises one party or the other
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Old 07.08.2013, 18:37
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Re: Separation and Pension (Pilar II) split

After searching for this some more, I think I found the answer.
By going directly to the english version of the Swiss Civil Code.
This may be no a high quality translation, but it's better than
nothing.

http://www.admin.ch/ch/e/rs/2/210.en.pdf

Page 39 Article 122 specifies the division of the pension.

Article 123 it says that a spouse may waive his or her entitlement
entirely or in part. However the court can still over ride this waiver
if it's clearly inequitable.

I think I will give this a try. It will be equitable in my opinion.
It will be 50-50 just based on the duration of the marriage up
until the time of separation, not the actual divorce, which I HAVE
to wait 2 years because my wife will not grant me a divorce.

Mike123
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Old 08.08.2013, 09:24
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Re: Separation and Pension (Pilar II) split

You think that if your wife won't voluntarily divorce, she'll give you money?

Tom

Last edited by st2lemans; 08.08.2013 at 09:37.
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Old 08.08.2013, 09:31
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Re: Separation and Pension (Pilar II) split

So, you have chosen to leave the marriage, and you want to dump her as quickly as possible, and she is exercising her legal right to require you to financially support her for two more years, and you think she's going to sign that away?

Well, at least you are being honest about wanting to fast-track the process. A friend of ours walked out on their spouse and two children, and forced the spouse to lodge all the documentation to persue them for financial support and the divorce, and then wanted to separate the financials from the day that he walked out . I know we have no-fault divorce, but we do have 'cooling off periods' on contracts, but an adjustment period sounds very reasonable to me...
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Old 08.08.2013, 13:04
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Re: Separation and Pension (Pilar II) split

Firstly, the relevant date will always be at the point of divorce not the point of separation.

Secondly Art. 122 ZGB (Civil Code) refers to BVG. It is possible to waive the right to a 50/50 split. ONLY if both parties have similar balances in the Pension or if there is a lump sum payment or other asset to financial security in old age. It is worth noting that the split occurs in both accounts, i.e. you receive half of your wife's and she receives half of yours..

Finally, AHV will be split regardless.
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Old 08.08.2013, 16:35
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Re: Separation and Pension (Pilar II) split

Thanks lawyerd. You must be a lawyer. I did not even think about
the difference between AHV and BVG in that article.

Mike123
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