210
ZGBCC
CH
CH
Art. 123 Codice civile svizzero (CC)
CC; Parte prima: Del diritto matrimoniale; Titolo quarto: Del divorzio e della separazione coniugale; Capo terzo: Degli effetti del divorzio; D. Previdenza professionale; II. Conguaglio delle prestazioni d’uscita
Art. 123 CC
Le prestazioni d’uscita acquisite, compresi gli averi di libero passaggio e i prelievi anticipati per la proprietà di un’abitazione, sono divisi per metà.
Il capoverso 1 non si applica ai versamenti unici di beni propri per legge.
Le prestazioni d’uscita da dividere sono calcolate conformemente agli articoli 15–17 e 22 a o 22 b della legge del 17 dicembre 1993 sul libero passaggio.
Decisioni giudiziarie che applicano questa disposizione (483)
AGVE.2012.11 · ag (Art. 123 Abs. 2 ZGB)
Spousal equalization of withdrawn pension funds and court jurisdiction.
Cited to justify refusal of division of the withdrawal when the financially liable spouse has insufficient funds and contractual agreement is impossible.
A/3161/2024 · ge (art. 123 CC)
Pension Division in Divorce with Retroactive Application of Law and Pension Drawdown Adjustment
The core division of acquired professional benefits during marriage is mandated by this article, as confirmed by its application in the calculation of the amount to be shared.
BV.2024.21 · sg (Art. 122, 123, 124 ZGB)
Swiss Pension Division in German Divorce Context
Cited in the reasoning as the basis for applying the principle of equal sharing of accrued pension entitlements in case of divorce.
LC240018 · zh (Art. 123 ZGB)
Divorce: Custody, Support, and Property Division Agreement Approved
Cited in the dispositive as a basis for the pension rights adjustment.
C/12147/2023 · ge (art. 123 CC)
Pension Division Adjustment Due to Foreign Assets in Divorce
Cited in the reasoning to establish the principle of equal sharing (by half) of vested termination benefits.
C/54/2023 · ge (Art. 123 al. 1 CC)
Retirement Asset Division and Child Support Appeal in Divorce Case
Cited in the reasoning regarding the calculation of the value to be shared for professional pension benefits, which supports the confirmation of the judgment regarding the inclusion of the early withdrawal.
C/12224/2017 · ge (art. 123 CC)
Divorce Property Division and Pension Asset Liquidation
Cited to establish the principle of sharing pension assets acquired during the marriage by half, although the final order on Swiss pensions confirmed the previous decision without modification.
C1 22 299 · vs (art. 122 et 123 al. 1 CC)
Divorce Decree Upheld: Child Custody, Pension Equalization Confirmed, Property Division Finalized
Cited as the general principle of the half-share division of professional pension assets, which the court ultimately upheld in the final order (point 4).
C1 21 214 · vs (art. 123 al. 1 CC)
Spousal Support Modification Based on Partial Disability
Cited in the dispositive for ordering the sharing of professional pension benefits.
BV.2024.00038 · zh (Art. 123 Abs. 3 ZGB)
Pension Equalization Following Divorce
This provision is cited in the dispositive to establish the basis for calculating the divisible retirement assets in divorce proceedings.
3.RV.2023.137 · ag (Art. 123 ZGB)
Tax Appeal: Pension Fund Assets and Early Retirement Wealth Tax
Specifies the scope and application of pension division rules in divorce proceedings, relevant to determining taxable assets.
C/2925/2021 · ge (Art. 123 CC)
Divorce Appeal: Curatorship Overturned, Child Support Adjusted, Pension Division Upheld, Property Liquidation Modified
Mandates the equal division of occupational benefit claims acquired during marriage.
A/1707/2022 · ge (art. 123 al. 1 CC)
Pension Division Upon Divorce with Pre-Existing Retirement Annuity
Cited as the legal basis for the wife being entitled to half of the husband's vested benefits amount calculated for the purpose of compensation.
C/16452/2022 · ge (Art. 122 et 123 al. 1 CC)
Appeal Regarding Retroactive Disability Benefits and Equitable Division of Pension Assets
Cited in the reasoning section upholding the equal division of professional pension assets acquired during the marriage, which is the basis for confirming the relevant order.
34.2024.7 · ti (Art. 123 CC)
Pension Asset Division Calculation Upon Divorce
Cited in the reasoning regarding the agreement between the spouses, but not explicitly cited in the dispositive orders.