Questão jurídica principal
Whether the husband's vested benefits from occupational pension must be divided equally on divorce
Decisão extraída
The wife is entitled to half of the vested benefits accrued during the marriage; equal division is not excluded on the facts.
Fundamentação extraída
Art. 122 ZGB gives a presumptive equal sharing of retirement benefits earned during marriage. The wife's substantial inherited assets and the husband's lack of assets do not alone make the division 'manifestly unfair' under Art. 123(2) ZGB. The court also considered the long, life-shaping marriage and the parties' chosen division of tasks.