Spousal Support: Crediting Self-Directed Pension Savings Under Separation of Property Regime

In a spousal support proceeding where the marital property regime was set to separation of property, the court addressed the full crediting of one spouse's contributions to their self-directed third-pillar pension savings as an expense. The court reasoned that because separation of property was ordered, the other spouse would have no claim to the accumulating, tax-privileged third-pillar assets after the decision became final, as these savings fell outside the scope of pension division laws, whereas the other spouse's second-pillar pension assets were subject to division. This imbalance, which contradicts the principle of equitable balancing in divorce law, necessitated adjusting the consideration of the disputed savings rate to account for the unequal financial consequences stemming from the regime choice and the respective asset pools.