Questione giuridica chiave
Whether the equal division of occupational pension benefits should be refused under Art. 123(2) ZGB
Decisione estratta
The refusal requirements were not met; the equal division was not manifestly unfair.
Motivazione estratta
Art. 123(2) ZGB must be applied very restrictively. Although the spouses' present pension situations appeared similar, the wife was still young, employed at 48%, and likely to increase her working capacity and pension accrual substantially over the remaining years until retirement. By contrast, the husband was unable to work. The expected future development meant that a refusal of the split was not justified.