Questione giuridica chiave
Whether the husband's benefits had already become non-divisible because an invalidity pension event had occurred before divorce finality.
Decisione estratta
No. Only a temporary incapacity and contribution waiver were shown; no qualifying invalidity event or pension entitlement existed at the time the divorce became final.
Motivazione estratta
Under Art. 122/124 ZGB, the relevant moment is finality of the divorce judgment. The evidence showed no ongoing invalidity pension entitlement from the IV or the occupational scheme, and the contribution waiver did not itself constitute the pension event.