Whether the social insurance court could order division of occupational pension assets after a Portuguese divorce judgment that did not address pension splitting.
No. The court lacked a basis to order the requested split because the foreign divorce judgment contained no ruling on pension division.
Under Art. 122 CC, Art. 281 CPC and Art. 25a FZG, the pension split follows the divorce judge’s determination. Here the Portuguese judgment, rendered under Portuguese law, said nothing about occupational pension rights; the social insurance court therefore could not decide the requested division.