Swiss Civil Code

¹ If, at the point at which di­vorce pro­ceed­ings com­mence, a spouse is draw­ing an in­valid­ity pen­sion after the stat­utory re­tire­ment age or draw­ing a re­tire­ment pen­sion, the court de­cides at its own dis­cre­tion how the pen­sion is to be di­vided. In do­ing so it primar­ily takes in­to ac­count the dur­a­tion of the mar­riage and the pen­sion re­quire­ments of each spouse.

² The share of the pen­sion awar­ded to the spouse en­titled thereto is con­ver­ted in­to a life-long pen­sion. This is paid to the en­titled spouse by the li­able spouse’s oc­cu­pa­tion­al pen­sion fund or is trans­ferred to the en­titled spouse’s own oc­cu­pa­tion­al pen­sion fund.

³ The Fed­er­al Coun­cil reg­u­lates:

1.

the ac­tu­ar­ial con­ver­sion of the share of the pen­sion in­to a life-long pen­sion;

2.

the pro­ced­ure in cases in which the re­tire­ment be­ne­fits are post­poned or the in­valid­ity pen­sion is re­duced due to over-com­pens­a­tion.