Glossary · Swiss and international law
Pension fund split (CC arts. 122-124e)
Equal split, on divorce, of occupational pension assets accrued by the spouses during the marriage.
Reference : CC art. 122-124e
Upon dissolution of the marriage, LPP exit benefits acquired during the marriage are split equally (art. 122 CC). The transfer is made directly from one pension fund to the other.
The split may be refused or modified if the result would be manifestly inequitable (art. 124b CC) : difference in standard of living, very short marriage, significant private retirement savings of the other party.
Under French law, no equivalent mechanism exists — hence the importance of the choice of applicable law (art. 61 PILA) in Swiss-French divorces.