The contributions paid in by the spouses during the marriage are split and benefit both. It is advisable to inform the compensation offices about the divorce.
The OASI education credits are intended to supplement the retirement provisions of parents caring for children. AHV old-age pensioners are entitled to them for each year in which they had children under the age of 16. If they are married, the credit is divided equally between them during the years of marriage. In the event of divorce, the court decides which parent will receive the education credits after the divorce. This can be settled by mutual agreement in the divorce settlement. If one parent is mainly responsible for the care of the children, he or she will receive all the child-raising credits for the period after the divorce.
If one spouse has received a lump-sum payment from a pension fund or for the purpose of compensation for incapacity for work in the case of participation in an acquired estate or community of property, this falls under the acquired estate or the community of property. In the event of divorce, the lump-sum amount intended for post-marital pensions is to be credited to the personal property of the person concerned.
The assets (vested rights) accumulated during the marriage in pension funds, vested benefits and policies are divided equally between the spouses in the event of divorce. This also includes assets accumulated during the marriage that were withdrawn to finance owner-occupied housing. Voluntary payments made during the marriage from personal assets are not divided. Under certain circumstances, it is possible to deviate from a 50/50 division, for example, if one spouse is much younger than the other and will be able to build up his or her old-age provision sufficiently on his or her own.
If one of the spouses is no longer able to build up his or her own pension provision after the divorce, he or she is entitled to pension maintenance from the divorced spouse. Although expressly provided for in the law, pension maintenance is often ignored. The withdrawals from the pension fund for home ownership promotion (WEF) are to be offset against the pension fund assets and integrated into the division calculation. However, if the recipient has become disabled or only has three years left until reaching the regular AHV age, the repayment obligation to the pension fund no longer applies. As a result, the capital drawn by the pension fund flows into the WEF recipient's inheritance or, in the case of community of property, into the overall estate. In the event of divorce, the part of the capital earmarked for postmarital pensions is part of the personal property.
