Key legal question
Whether, in a legal-separation judgment, half of the husband’s second-pillar assets can be transferred to the wife’s vested benefits account against his will.
Extracted holding
No. Such a transfer is only possible upon divorce and if a pension claim under the former Art. 151 or 152 ZGB exists; neither condition was met.
Extracted reasoning
Art. 22(1) aFZG presupposes a divorce judgment. In legal separation, the court cannot order a transfer of occupational pension assets against the debtor’s will.