What impact does a divorce have on AHV?
What impact does a divorce have on AHV?
I read one of your columns on the separation of property regime in the event of divorce. In it you explained that it is possible, under a marriage contract, to make a clear separation between the assets of each spouse. If this is the case, what about the AVS?
Roberto, Geneva
In the event of divorce, separation as to property means that the matrimonial property regime does not have to be liquidated, as each spouse takes over his or her own property. It should be emphasised that the second pillar is shared equally regardless of the matrimonial property regime, which has no effect on the division of occupational pension provision or any maintenance contributions.
The Federal Law on Old-Age and Survivors' Insurance (LAVS) governs, among other things, the consequences of a divorce on the calculation of AHV pensions. It should first be remembered that, in accordance with articles 29bis et seq. of the LAVS, the AVS pension is calculated on the basis of income, the period of contributions and certain credits. When partners are married, the couple's income is added together and shared equally for the purpose of calculating contributions.
In the event of divorce, the income earned by the spouses during the calendar years of their joint marriage is divided and allocated equally to each spouse. In this way, the spouse who did not work during the marriage acquires AVS pension provision thanks to the spouse who did contribute. Under Article 50d of the Regulation on Old-Age and Survivors' Insurance (RAVS), the spouses may request the division once the divorce has been granted but, in any event, it will take place when the first benefits are paid by the relevant AHV fund. The matrimonial property regime chosen by the spouses has no influence on this division. The above rules also apply in the event of widowhood.
It should also be noted that under Article 35 of the LAVS, when a couple reaches retirement age, their pension may not exceed one and a half times the maximum individual pension. However, there is no provision for pensions to be reduced for spouses who are no longer living together following a court decision. This means that officially separated spouses are not subject to the restrictions applicable to married couples.
