NJSBA Family Law Section

All,

Has anybody had to deal with the inclusion of a Swiss pension (also referred to as Swiss Social Security) for purposes of equitable distribution?  I have a client who is a Swiss citizen and an American citizen.  She worked in Switzerland before she was married and is eligible for Swiss Social Security.  After the marriage when she began working in the United States, she made contributions to Swiss Social Security/Swiss Pension on a voluntary basis. The husband contends that those contributions made by her to Swiss Social Security are subject to division which I am not sure about because whatever she receives from the Swiss pension may reduce what she receives from US Social Security which isn't looked at as an asset subject to equitable distribution.  My client may be willing to give him a credit for half of the contributions she made to the Swiss Pension during the marriage.  The problem is that the husband is looking to treat the Swiss Pension as any other pension and wants to come up with a present value for it. So far, I have had no luck finding a pension appraiser who has dealt with this issue.  Any advice or input would be appreciated.

Thanks in advance.