Question juridique clé
Whether the wife's challenge to the cantonal decision on pension consequences was well founded under Art. 122 and 124 CC.
Solution extraite
Because the husband had already retired long before the divorce, a vested pension event had occurred; therefore only an equitable indemnity under Art. 124 CC could be considered, not a split under Art. 122 CC. The cantonal court did not misapply federal law in awarding a life annuity rather than capital.
Motifs extraits
The Federal Court was bound by the cantonal findings that the husband retired in 1993 and lived only on AVS and LPP benefits. In such circumstances, the concrete retirement needs of both spouses govern, and a hypothetical half-splitting solution is to be rejected when the pension event occurred many years before the divorce.