Questione giuridica chiave
Whether the wife was entitled after divorce to an equitable pension compensation under Art. 124 CC
Decisione estratta
Yes. Given that both spouses were already retired, their AVS incomes were comparable and the pension assets formed during marriage had to be equitably allocated to cover concrete retirement needs.
Motivazione estratta
Where a pension-sharing under Art. 122 CC is no longer possible because a retirement case has already occurred, Art. 124 CC applies. The court may take the equal-sharing principle as a guide, but must adapt the award to the concrete economic situation of the spouses after divorce.