Pension equalisation in Switzerland in the event of divorce abroad

• Pension equalisation
• Private Clients

Anyone who has been divorced in Germany, France or another country and who themselves (or whose ex-partner) worked in Switzerland during the marriage and paid into a Swiss pension fund is often faced with a surprising hurdle: The pension fund assets – i.e. the money saved for the pension scheme during the marriage – are not automatically divided upon divorce abroad. This requires a separate procedure in Switzerland.

What do I have to do?

What do you have to do to obtain the pension assets to which you are entitled in Switzerland and how does the procedure actually work?

Why is the foreign divorce decree not sufficient?

Switzerland does not recognise the division of pension fund assets by a foreign court. Only a Swiss court can legally divide the assets and order payment. Without such a decision, the money remains blocked in Switzerland – even if everything appears to have been settled in accordance with the foreign judgement.

How does the procedure work?

1. Inform the pension fund and have the assets confirmed
   When the foreign divorce becomes final, we inform the Swiss pension fund(s). We request a certificate of the assets saved during the marriage. The amount that was saved abroad between the marriage and the filing of the divorce petition is decisive.
2. Agreement
   If both ex-partners are in agreement, we will draw up an agreement that requires court approval. Otherwise, the court will decide how to divide the assets in accordance with Swiss law.
3. Submission of the claim to the Swiss court
   We submit the substantiated claim together with the foreign divorce decree, the certificate and any agreement to the competent Swiss court on your behalf. Supplementary proceedings will be conducted. The court decides which assets must be divided and how (and whether an agreement is within the law). The decision is binding for the pension fund.
4. Payment or transfer
   With the legally binding decision of the Swiss court, the pension fund can divide the assets – usually the share is transferred directly to the pension account of the entitled ex-partner.

What do I need to bear in mind?

• The procedure before a Swiss court is mandatory: without a Swiss court judgement, there will be no payment or division of the assets with a Swiss pension fund.
• Even if you have been divorced for a long time, you can still initiate proceedings.
• It does not matter whether the assets were acquired by you or your ex-partner during the marriage – both parties can initiate the proceedings.
• The costs and procedure may vary, especially if there is no agreement.

Conclusion

If you got divorced abroad and worked (yourself and/or your ex-partner) in Switzerland, you should not forget about pension equalisation. The pension fund assets can only be legally divided with additional proceedings before a Swiss court. It is best to seek advice at an early stage so as not to lose any entitlements and to secure your pension provision.