Divorce and your pension fund: how the pension split works

The principle: vested benefits split in half

The pension split is governed by Art. 122-124e of the Civil Code (ZGB/CC), in revised form since 1 January 2017. What is split is the occupational pension entitlement built up during the marriage, from the wedding date until divorce proceedings are opened. The key date is therefore not the date of the judgment but the day the divorce petition was filed.

For each spouse, the vested benefit (termination benefit) at the date proceedings were opened is calculated, minus the vested benefit at the date of marriage (with interest added). This includes savings in the pension fund, in vested benefits accounts and policies, and home-ownership withdrawals (WEF/EPL) made during the marriage. Each spouse is entitled to half of the other's savings; in practice only the difference is transferred.

Single contributions that by law come from separate property are not split, for example a buy-in funded by an inheritance that was demonstrably separate property. You must be able to prove that origin.

Pillar 3a, 3b and your home: not part of the pension split

Pillar 3a and pillar 3b are not part of the pension split. They fall under the division of marital property. Under the default regime of participation in acquired property, 3a savings built up during the marriage count as acquired property and are generally also split in half, but under different rules and not through the pension fund.

Capital already withdrawn from the pension fund before the divorce, for example at retirement, is no longer pension savings: it too is dealt with under marital property law. Under separation of property, that can lead to very different results.

Worked example: who transfers how much?

Mr and Mrs Graf married in 2010 and filed for divorce in 2026. During the marriage, Mr Graf saved CHF 235,000 in his pension fund and Mrs Graf CHF 80,000, because she worked part time after their children were born.

Each is entitled to half of the other's savings. Mr Graf therefore owes CHF 117,500 and Mrs Graf CHF 40,000. After offsetting, Mr Graf's pension fund transfers CHF 77,500 to Mrs Graf's pension institution. Each then has CHF 157,500 of savings from the marriage.

If a pension is already being paid

If, when divorce proceedings are opened, one spouse is already receiving a retirement pension from the pension fund or a disability pension after the reference age, there is no longer a vested benefit to split. The court then divides the pension at its discretion (Art. 124a ZGB/CC), taking into account in particular the length of the marriage and both spouses' pension needs.

The share awarded is converted into a lifelong pension for the entitled spouse. The pension fund of the paying spouse pays it to the entitled spouse's pension institution or, if that spouse is already retired, usually directly to them. The entitlement does not end when the paying ex-spouse dies.

If a spouse receives a disability pension before the reference age, the calculation uses the hypothetical vested benefit that spouse would have if the disability ended (Art. 124 ZGB/CC).

Not splitting the pension fund on divorce: when is it possible?

Waiving the split is not easy. The spouses can depart from the equal split in their divorce agreement or waive it entirely, but only if adequate retirement and disability provision remains in place for both (Art. 124b para. 1 ZGB/CC). The court checks this of its own motion. A waiver in a prenuptial agreement made before the marriage is not binding.

The court can also award less than half itself, or refuse the split, if there are good reasons, for example if an equal split would be unfair in view of the division of marital property or the financial circumstances after the divorce, or because of pension needs, such as a large age difference (Art. 124b para. 2 ZGB/CC). More than half is only possible in exceptional cases, for example if the entitled spouse looks after the couple's children after the divorce.

Typical cases for a waiver: both spouses have similar savings, the marriage was short, or the entitled spouse has equivalent provision of their own, for example as a self-employed person with substantial assets. Have such an agreement checked by a lawyer.

Where does the money go, and how do you close the gap?

The amount transferred stays locked. It goes to the entitled spouse's pension fund or, if that spouse is not affiliated with one, to a vested benefits account. A cash payment is only possible in the exceptions provided by law. If a split from pension assets is not possible, the paying spouse owes appropriate compensation (Art. 124e ZGB/CC).

The spouse who had to pay is left with a pension gap. They can buy back into their pension fund up to the amount transferred (buy-back after divorce, Wiedereinkauf in German, rachat in French, Art. 22d of the Vested Benefits Act FZG/LFLP). Like an ordinary buy-in, this buy-back is deductible from taxable income and exempt from the usual limits. In the example, without a buy-back Mr Graf loses about CHF 5,270 of pension a year at a conversion rate of 6.8%. Cantons do not treat the three-year block on lump-sum withdrawals after a buy-back consistently for this kind of buy-back: check with your cantonal tax administration beforehand.

Replanning your retirement after divorce

After a divorce, your pension fund, AVS (AHV in German; income splitting), tax and budget all change at once. In RetirePlan, you enter your new situation, test a buy-back spread over several years and see from what age you can afford to retire, free and with unlimited scenarios.

For an assessment by an expert, a personal analysis is available as an option; the planner itself remains free. For the legal side of your divorce, contact a lawyer or a mediation service.

Frequently asked questions about divorce and your pension fund

Is the pension fund always split on divorce?

As a rule, yes: vested benefits built up during the marriage are split in half. Departures are only possible if adequate provision remains in place for both spouses or if the court recognises good reasons.

Which period counts for the split?

From the wedding day until divorce proceedings are opened, that is, the day the divorce petition is filed. What was saved before the marriage, including interest, stays with each spouse.

Is pillar 3a also split on divorce?

Not in the pension split. 3a savings fall under marital property law. Under participation in acquired property, 3a savings built up during the marriage are usually also split in half.

What happens if my ex-spouse already receives a pension?

The court then divides the pension in payment at its discretion (Art. 124a ZGB/CC). Your share is converted into a lifelong pension that you keep receiving even after your ex-spouse dies.

Can I buy back into my pension fund after the divorce?

Yes. You can buy back up to the amount transferred. This buy-back is tax-deductible and not subject to the usual limits, including the block that applies after a home-ownership withdrawal (WEF/EPL).

Can we waive the pension split in a prenuptial agreement?

Not bindingly in advance. A waiver is only possible in the divorce agreement, and the court approves it only if adequate retirement and disability provision remains in place.