The pension fund assets saved by you and your spouse during the marriage are divided equally between the two of you in the event of divorce. Accordingly, you will either give up or receive pension fund assets or part of a current pension. The details of this pension equalisation are decided by the court and are part of the divorce decree.
Summary
The pension fund assets saved by you and your spouse during the marriage are divided equally between the two of you in the event of divorce. Accordingly, you will either give up or receive pension fund assets or part of a current pension. The details of this pension equalisation are decided by the court and are part of the divorce decree.
What happens to my pension fund assets if I get divorced?
Irrespective of the matrimonial property regime, the pension fund assets are divided between the spouses in the event of divorce. The basic principle is that each spouse is entitled to half of the assets saved during the marriage. The savings already existing at the time of marriage, including interest accrued on it, remains untouched. Which spouse must transfer which amount to the other is calculated by the court. The pension funds only provide the necessary key figures and information as to whether a division is feasible ("feasibility declaration").
What is divided in the event of divorce if one of the spouses already draws a retirement pension?
If one (or both) spouses receive a retirement pension, this is also divided. This means that the pension fund will now transfer part of the monthly pension directly to the ex-spouse. The court decides on the division of the pension at its discretion, taking into account in particular the duration of the marriage and the pension needs of both spouses.
What documents does comPlan need to prepare the feasibility statement?
comPlan must know the reference date for the division of the pension fund assets that is decisive for the court. As a rule, this is the date on which the divorce proceedings are initiated. An advance withdrawal from the WEF made during the marriage must also be divided. If any buy-ins made from your own assets into the pension fund are to be excluded from the division, they must be documented and recognised as such by the spouse. If the pension fund assets are not known at the time of marriage, comPlan calculates them using a table drawn up by the Federal Department of Home Affairs.
What documents does comPlan require for the division of my pension fund assets?
In order to carry out the division of the pension fund assets, comPlan requires a legally binding divorce decree from a Swiss court. Foreign court decisions on the division of assets with Swiss pension funds (incl. those from the Principality of Liechtenstein) are not recognised.
I work for Swisscom. What happens if, according to the divorce decree, part of my pension fund savings is transferred to my ex-spouse?
comPlan will transfer part of the accumulated pension fund assets to the pension fund of your ex-spouse in accordance with the provisions of the divorce decree. If she/he is not employed, the amount will be paid into a vested benefits account, a vested benefits policy or to the Substitute Occupational Benefit Institution. This transfer reduces your retirement benefits. The pensions in the event of death and disability remain unchanged, as with comPlan they are set as a percentage of the salary.
Can I make up for the loss in retirement benefits that has occurred in this way?
You can repay the payout as a result of divorce from private funds at any time up to retirement. Such repayments are possible up to the amount paid out and can usually be deducted from your taxable income. This is even the case if you previously made an early withdrawal under home ownership scheme. In addition, unlike conventional buy-ins, repayments of divorce payouts are not subject to the three-year blocking period with regard to capital withdrawals. However, the decision of the tax authorities is always decisive. We recommend that you contact the relevant tax authority if you are unsure.
I receive a retirement pension or a life-long disability pension from comPlan. What happens if, according to the divorce decree, my ex-spouse is awarded part of my pension?
Your current pension will be reduced immediately and for life by the amount awarded to the ex-spouse.
I receive a temporary disability pension from comPlan. What happens if, according to the divorce decree, part of my pension fund savings is transferred to my ex-spouse?
comPlan will transfer part of the accrued pension fund assets to the pension fund of your ex-spouse in accordance with the provisions of the divorce decree. If she/he is not employed, the amount will be paid into a vested benefits account, a vested benefits policy or to the Substitute Occupational Benefit Institution. Your current disability pension will not change as a result. However, your retirement benefits will be reduced. This means that the pension/lump-sum payment will be lower after you reach retirement age than it would have been without the transfer.
According to the divorce decree, I was awarded a part of the termination benefit of my ex-spouse. What does this mean?
You will receive a one-time lump sum transfer, which we will credit to your retirement assets. The lump sum increases your retirement benefits. The death and disability benefits remain unchanged.
What applies to the dissolution of a registered partnership?
The remarks on marriage apply correspondingly to the dissolution of a registered partnership.
Where can I find more information on occupational benefits in the event of divorce?
An information brochure from the Federal Office for Gender Equality provides information on Swiss divorce law, explains the pension system and shows the financial impact of a divorce on occupational benefits. You can find the brochure at www.bundespublikationen.admin.ch > Publikationen > Eidg. Departement des Innern EDI > Eidg. Büro Gleichstellung Frau und Mann > Berufliche Vorsorge bei Scheidung (Link).