La rente d’invalidité perçut par un des conjoints est-elle partagée avec l’autre conjoint ?

Is the disability pension received by one spouse shared with the other spouse?

In principle, under Swiss law, a disability pension received by one spouse is not shared with the other spouse, unless the spouses were married under a sharing system. In this case, according to the specific rules of the system, the disability pension can be included in the calculation of participation in the acquisition when the marital system is dissolved.

Outside this marital system, a disability pension is considered the beneficiary spouse’s own income and is therefore not shared with the other spouse. However, the amount of the disability pension may be taken into account when determining the amount of alimony that the beneficiary spouse must pay to the other spouse in the event of divorce or de facto separation.

It is important to note that these rules may vary depending on the specific circumstances of each case. It is therefore recommended to consult a lawyer specializing in family law to obtain personalized legal advice on the implications of disability pensions under Swiss law.