Question juridique clé
Whether Art. 123(2) CC justified refusing a half split of the spouses' occupational pension assets.
Solution extraite
No exceptional refusal was warranted; the circumstances did not make a half split manifestly inequitable or abusive.
Motifs extraits
The wife had her own full-time employment, a substantial pension credit, real estate, and another 15 years to build retirement provision. The husband had no second pillar but only a modest third pillar. The overall pension situation was not manifestly disproportionate, and the alleged unequal marital contributions were irrelevant to the statutory right to equal sharing.