Questão jurídica principal
Whether the CHF 153,273.90 early withdrawal for home ownership had to be included in the divisible occupational pension assets after divorce.
Decisão extraída
Yes. The early withdrawal remained part of the marital vested-benefit assets to be split, because the husband alone retained the full property value after the divorce settlement and the wife had already benefited from the acquisition without paying her share.
Fundamentação extraída
Excluding the withdrawal would undermine equal division of vested benefits accrued during marriage. The divorce settlement on the house did not change the pension-splitting basis and left the appellant as sole beneficiary of the early-withdrawal amount.