Question juridique clé
Whether the occupational pension split ordered in the divorce judgment could still be executed despite the husband's prior partial invalidity pension.
Solution extraite
Yes. The divorce judgment and the agreed half split were binding, and the vested-benefits transfer could be carried out as an offset against the statutory equitable compensation.
Motifs extraits
A prior disability pension does not automatically bar a transfer if part of the retirement capital remains divisible. The divorce court’s allocation was final and binding on the pension fund, and the conditions for payment under Art. 22b FZG were met.