Questione giuridica chiave
Whether the wife was entitled to an equitable pension compensation under Art. 124 CC after the husband's cash withdrawal of vested benefits.
Decisione estratta
Yes. Because the vested benefits had already been paid out in cash, a split under Art. 122 CC was no longer possible; an equitable compensation under Art. 124 CC was appropriate.
Motivazione estratta
The court held that the compensation must reflect the legislative baseline of equal sharing of retirement assets, while also considering the concrete economic situation after divorce. The cantonal court had taken into account the length of marriage, the parties' ages, the husband's conduct, the matrimonial property situation, and the husband's financial hardship.