Divorce abroad: My ex-partner refuses to share his pension assets in Switzerland. What do I need to do to enforce the pension rights equalisation?

• Pension equalisation
• Private Clients

People who have divorced abroad – for example in Germany or France – and accumulated pension fund assets (occupational pension provision, 2nd pillar) in Switzerland during their marriage often face a particular challenge: Swiss pension assets are not automatically divided. Sometimes the ex-partner refuses to agree to a division.

What should you do if your ex-spouse refuses to divide their pension fund assets in Switzerland?

The 50% entitlement: what Swiss law says

Under Swiss law, each spouse is generally entitled to half of the pension fund assets acquired by the other spouse during the marriage. This applies regardless of whether the divorce took place in Switzerland or abroad. The division applies to assets accumulated between the marriage and the initiation of divorce proceedings.

However, only a Swiss court can legally enforce this claim and oblige the pension fund to make the payment – a foreign divorce decree is not sufficient.

What to do if your ex-partner does not cooperate?

If your ex-partner refuses to agree to a division or does not cooperate, this is not an obstacle: we can enforce the pension rights equalisation for you even without the consent of your ex-partner. The procedure is as follows:

What is the specific procedure?

Inform the pension fund

We inform the Swiss pension fund(s) about the divorce abroad and request a certificate of the assets accumulated during the marriage. This prevents your ex-partner from withdrawing the assets prematurely.

Supplementary proceedings in Switzerland:

We file a lawsuit with the competent Swiss court to supplement the foreign divorce decree regarding pension benefits in Switzerland and enforce the pension rights equalisation. The court reviews your claim and orders a 50/50 split, even against the will of your ex-partner, provided that the legal requirements are met.

Court decision and payment:

Once the Swiss court has issued its decision, the pension fund can transfer the assets to your own pension account (or vested benefits account).

What is important to know?

• You do not need the consent of your ex-partner: the claim can also be filed unilaterally.

• The procedure is mandatory: without a Swiss decision, the assets remain blocked.

• Also possible retrospectively: The claim does not expire immediately – proceedings can be initiated even years after the divorce.

• Vested benefits accounts are also taken into account: Not only traditional pension funds, but also vested benefits (e.g. held at a bank, a vested benefits foundation or the BVG substitute pension fund) are subject to pension equalisation.

Conclusion

If your ex-partner refuses to share the pension assets accumulated during your marriage in Switzerland, you can still enforce your rights – directly before a Swiss court. Get support to assert your claims efficiently and with legal certainty.