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2nd pillar and divorce: how the split really works.

In a divorce, LPP assets accumulated during the marriage are split. Here is the mechanics of the split, the deadlines, the exceptions, and common pitfalls.

Par Pillarum
Article éditorial · sources vérifiées
9 min de lecture
Published

When a couple divorces in Switzerland, the occupational pension assets accumulated during the marriage are split equally — unless agreed otherwise. This is a rule of economic equivalence set out in articles 122 to 124e of the Swiss Civil Code. Here is how it applies in practice.

The principle in one line
Each spouse is entitled to half of the growth in the other spouse's LPP assets, from the date of marriage to the filing of divorce proceedings. The offset is paid by transferring assets between the two spouses' funds.

What is split, and what is not

Assets covered by and excluded from the split
StatusAssets concerned
Included in the splitLPP assets (mandatory + extra-mandatory) accumulated during the marriage, in every pension fund and vested benefits foundation
Excluded from the splitAssets accumulated before the marriage. Assets received by gift or inheritance during the marriage. AVS (1st pillar). 3rd pillar 3a (unless otherwise agreed in the marriage contract)
Source : CC art. 122 and 197 ss

Note: the 3rd pillar 3a is not part of the LPP split, but it is part of the marital acquests to be liquidated in the ordinary divorce procedure (unless separation of property applies). A slightly different regime.

Disability or retirement change the rules
If one spouse is already retired or disabled at the time of divorce, the split is no longer made in capital but in pension fraction (CC article 124a). More complex calculation, handled by actuarial expert opinion. To be addressed with a specialized lawyer or notary.

The procedure

Procédure
From divorce filing to actual transfer

The LPP split runs in parallel with the divorce proceedings. Allow 6 to 18 months depending on complexity and the court involved.

  1. Request statements from the funds

    4-6 weeks
    Each spouse asks all their funds (active + vested benefits + former employer if assets were not transferred) for a statement of holdings at the key dates: date of marriage and date of divorce filing. No statements, no calculation.
  2. Calculate the difference in gain

    ~1 week
    Asset difference = (assets at divorce − assets at marriage), for each spouse. The spouse with the larger gain owes half of the difference to the other, or vice versa.
  3. Agreement or court ruling

    Variable
    Either the spouses agree on the split and the court approves it (faster procedure). Or the court decides in case of disagreement (contested procedure). In all cases, the ruling specifies which amount and to which fund.
  4. Notification to the funds

    ~2 weeks
    The court notifies the ruling to the funds concerned. The funds then have 12 months to execute the transfer.
  5. Actual transfer

    4-12 months
    The debtor fund transfers the amount directly to the creditor fund. If the recipient is no longer insured (between jobs, abroad), a vested benefits account is opened to receive the funds.

A concrete worked example

Cas concret
Marc and Elise, married in 2010, divorcing in 2025

Marc had CHF 80,000 at the time of marriage, CHF 320,000 at divorce. Elise had CHF 30,000 at marriage, CHF 140,000 at divorce.

Hypothèses
Marc's gain during the marriage
CHF 240,000
Elise's gain during the marriage
CHF 110,000
Gross difference
CHF 130,000
Résultats
Compensation owed by Marc to Elise
CHF 65,000
50% of the difference
Marc's assets after split
CHF 255,000
CHF 320,000 − 65,000
Elise's assets after split
CHF 205,000
CHF 140,000 + 65,000
Simplified calculation without interest. In practice, funds apply the LPP minimum interest rate between the date of divorce and the actual transfer. For vested benefits, the value used is the one at the pivot dates (marriage, divorce).

Partial or total refusal of the split

CC article 124b provides that the court may refuse or limit the split if strict application of equality would be "manifestly inequitable". Concrete cases recognized by case law:

  • One spouse gave up professional activity for the household during the marriage and the other financed their own pension with shared income (rare as grounds for total exclusion, but possible as mitigation).
  • One spouse has already received equivalent compensation through other means (real estate, wealth, etc.).
  • The "creditor" spouse seriously breached marital duties (exceptional case, courts very strict).
Amicable agreement has limits
You may agree on a different split in a divorce settlement. But the court checks that the agreement does not disproportionately disadvantage a spouse. A settlement in which one party gives up 100% of the split without consideration is likely to be rejected ex officio.

Tax impact of the split

Transferring LPP assets between funds in a divorce is tax-neutral:

  • No tax at the time of transfer.
  • No withholding tax.
  • Transferred assets retain their seniority for future withdrawal calculations.

Tax only applies on the final withdrawal by each spouse (retirement, home purchase, departure, self-employment). See our cantonal tax comparison.

Before calculating the split, verify all your assets.
We recover all your LPP accounts in 4 to 6 weeks, free of charge. Essential for an accurate split.

The trap of forgotten assets

The split calculation relies on statements from every fund. If one spouse has forgotten a pension fund from a former employer, or a vested benefits account transferred to the supplementary institution (Central 2nd-Pillar Office in Berne), these assets will not be included in the calculation. The split will then be incomplete.

Run a full check before the procedure
Before divorcing, ask the Central 2nd-Pillar Office and the 340 vested benefits foundations whether they hold any assets in your name. It is free and the only way to obtain an exhaustive split calculation. Pillarum centralizes this step for you.

Deadlines not to miss

  1. Statements at marriage: request early, some funds take time. Former employers can be slow to respond.
  2. Notification of the ruling: the court handles it, but check that all funds are properly notified (not only the main one).
  3. 12-month deadline to execute the transfer: if the fund delays, you must follow up; beyond that, request intervention from the supervisory authority.
À retenir
  • 01Equal split of the LPP asset difference accumulated during the marriage (CC art. 122).
  • 02Assets before marriage and received as gift/inheritance = excluded.
  • 03Transfer between funds tax-neutral — tax only applies at the final withdrawal.
  • 04An accurate calculation requires every fund statement — do not overlook vested benefits at former employers.

To understand how to read the pension certificate that underlies the statements, see our guide. For the case of death (the other situation where assets change hands), our dedicated article. For taxation of the final withdrawal, the cantonal comparison.

Sources & references

  1. CC, art. 122-124e — Splitting occupational pension on divorce
  2. LPP, art. 22-22f — Implementing the split
  3. FZG/LFLP, art. 5 para. 2 — Spouse consent for payment
  4. Federal Office of Justice — Divorce and pension brochure
  5. Federal Supreme Court — Case law on CC art. 124b (refusal of split)

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