Questão jurídica principal
Whether the husband’s withdrawn occupational pension assets had to be compensated under pension adjustment rules
Decisão extraída
No separate compensation was due under Art. 124 ZGB because the withdrawn funds had been paid out with the wife’s consent and were spent for their intended purpose; only the wife’s remaining vested benefits were subject to equal division.
Fundamentação extraída
The court held that cash withdrawals during marriage are excluded from division under Art. 122 ZGB and can only be addressed through Art. 124 ZGB. In this case, however, the cantonal court did not abuse its discretion by denying compensation because the assets had been lawfully withdrawn and consumed.