Kernrechtsfrage
Whether the foundation had to pay the former wife her share despite the husband's cash payout after divorce
Extrahierter Entscheid
The foundation had no duty to make the payment because the cash payout to the divorced insured was lawful under Art. 5 FZG and no heightened duty to investigate existed.
Extrahierte Begründung
Art. 5 Abs. 2 FZG requires spousal consent only for married or registered-partner insured persons. The foundation was not involved in the divorce proceedings, had no notice of an unresolved transfer from the divorce court, and could rely on the long time lapse and the civil status certificate showing divorce.