Divorce

Are the spouses obliged to share their occupational pension claims?

Are the spouses obliged to share their occupational pension claims?


In Swiss law, spouses are subject to the participation in acquisitions regime, which provides that gains made during the marriage are shared between spouses at the dissolution of the marriage. This also includes accumulated professional pension assets during the marriage. However, spouses are not required to share their claims to professional pension assets before the dissolution of the marriage. This means that each spouse can keep their own professional pension assets until the dissolution of the marriage. Once the marriage is dissolved, professional pension assets accumulated during the marriage are included in the calculation of gains made during the marriage and are shared between the spouses in accordance with the rules of the participation in acquisitions regime. It is recommended to consult a specialized family law attorney for personalized legal advice on the applicable rules for professional pension assets under the participation in acquisitions regime in Switzerland.

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