Questão jurídica principal
Whether the occupational pension split should be denied or reduced under Art. 123(2) CC
Decisão extraída
The exception from equal division was applicable only to a limited extent; the transfer of CHF 100,000 to the wife was justified.
Fundamentação extraída
Given the spouses' overall financial situations, the wife's assets and the husband's income and wealth, a total refusal of pension sharing would be manifestly inequitable. The cantonal court did not abuse its discretion by limiting the transfer instead of excluding it entirely.