Questione giuridica chiave
How much of the husband's vested-benefit assets had to be transferred to the wife under the divorce pension split?
Decisione estratta
The husband's total divisible vested-benefit position amounted to CHF 146,691.55 and the wife's to CHF 6,538.45; the difference of CHF 140,153.10 led to a half share of CHF 70,076.55 in favor of the wife.
Motivazione estratta
Because the marriage predated 1995 and neither spouse had prior pension assets at marriage, the post-marriage assets had to be split. For the husband, a hypothetical vested benefit linked to the partial invalidity pension had to be combined with the active vested-benefit account, but the active account should be used first to avoid reducing the ongoing pension.