Splitting the 2nd pillar (LPP) on divorce

Occupational pension assets built up during the marriage are in principle split in half. This is often the largest sum involved in a divorce.

The rule

The termination benefits accrued between the wedding and the start of divorce proceedings are split in half (art. 122 ff. CC, Swiss Civil Code, rules in force since 2017). Spouses may depart from this only if adequate retirement and disability provision remains in place, and the judge checks this.

The documents

A statement from each pension fund showing the assets at the date of the marriage and at the date of the application, and confirmation that the fund can carry out the split. Vested benefits accounts also count. For a marriage or years of work abroad, the amounts sometimes have to be reconstructed.

How we help

We request the statements from the pension funds, prepare the calculation for the agreement and, after the judgment, the transfer forms. Included in our divorce packages.

Source: Federal Office of Justice.

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