Question juridique clé
Whether the husband was entitled to an equitable pension share under Art. 124 CC as a rent
Solution extraite
No. The cantonal court could refuse a pension share because payment would endanger the wife's minimum subsistence and the financial situation of both spouses did not justify overriding maintenance considerations.
Motifs extraits
The challenge to the wife's monthly expenses was largely unsupported by evidence and appellatory. The court accepted that most of her vested benefits were accrued during factual separation and financial independence, while the husband had only modest income and no vested assets. In these circumstances, maintenance considerations prevailed over equal sharing.