Kernrechtsfrage
Whether the ex-wife was entitled to CHF 58,458.65 in liquidation of the matrimonial property regime or, subsidiarily, to an equalization payment under Art. 124 CC.
Extrahierter Entscheid
The liquidation award of CHF 58,458.65 plus interest was upheld; the free-passage capital consumed to pay maintenance had to be reinstated at its value when consumed, and the alternative Art. 124 CC reasoning did not need examination.
Extrahierte Begründung
The vested-benefit capital constituted an acquired property item born before the divorce action and remained part of the matrimonial property. Its use to finance maintenance did not remove it from liquidation, because the exception for consumption necessary to ensure maintenance did not apply; the capital was used to secure regular payment, not because the husband lacked income.