What happens to the assets accumulated in the 2nd or 3rd pillar pension fund in the event of divorce?

According to the provisions of the Civil Code, if a private pension fund has been accumulated from the joint funds of the spouses, in the event of divorce the other spouse has the right to claim recognition of entitlement to half of this pension fund.

In other words, the answer to the question would depend on whether the funds accumulated in the name of one spouse in a 2nd or 3rd pillar pension fund derived from personal or joint property.

The answer to the latter question, in turn, also depends on a number of factors (whether the spouses have concluded a prenuptial agreement, what source of pension contributions is, how much assets/property was accumulated before marriage and how much during marriage, etc.). As a rule, the funds in a 2nd pillar pension fund are accumulated from a person’s salary, which is generally considered joint property. On the other hand, this property is regarded as personal property if the spousal property has been duly separated by a prenuptial agreement.

Meanwhile, in the case of the 3rd pillar the situation may be much more varied, since contributions are made by the participant themselves and the sources of contributions may differ – salary, dividends and other joint income of the spouses, funds held before marriage, property gifted to or inherited by a spouse, or other property regarded as personal property.

In addition, contributions to the pension accumulation account in favour of the participant may also have been made by other persons (e.g. the spouse’s parents or other close relatives), which in essence may be considered as a gift of property. However, in this case a presumption applies that the property is considered joint property of the spouses until proven otherwise.

All these and other relevant circumstances would be assessed in a specific case, taking into account the evidence provided by the spouses or required by the court.