Is the disability pension received by one spouse shared with the other spouse?
In principle, the disability pension received by one spouse is not shared with the other spouse under Swiss law, unless the spouses are married under the regime of participation in acquisitions. In this case, the disability pension may be taken into account when calculating the participation in acquisitions at the time of the dissolution of the matrimonial regime, according to the specific rules of this regime.
Outside of this matrimonial regime, the disability pension is considered as the beneficiary spouse’s own income and is therefore not shared with the other spouse. However, the amount of the disability pension may be taken into account to determine the amount of maintenance contribution that the beneficiary spouse must pay to the other spouse in case of divorce or de facto separation.
It should be noted that these rules may vary depending on the specific circumstances of each case. It is therefore recommended to consult a lawyer specializing in family law for personalized legal advice on the implications of disability pensions in Swiss law.