Facts
A. (born 1963) and B. (born 1968) have been married since 1996 and have a now adult daughter. In March 2017, the spouses separated. On May 29, 2017, B. requested the District Court of Uster to regulate the separation, and on March 22, 2019, divorce proceedings were also initiated at the District Court.
By judgment of November 21, 2019, the District Court ordered A. to pay spousal maintenance to B. Both spouses appealed to the High Court of the Canton of Zurich. The High Court set the maintenance at CHF 1,200 per month from March 22, 2017 for the duration of the separation, without considering facts that had occurred after March 22, 2019.
A. filed a civil law appeal with the Federal Supreme Court and requested that the judgment of the High Court be set aside and the matter be remanded to the lower instance for reassessment, as the High Court had not taken into account facts that had occurred after March 22, 2019.
Considerations
The Federal Supreme Court stated that the marital protection court is responsible for regulating the separation until the commencement of the divorce proceedings. Even if divorce proceedings are initiated during the marital protection proceedings, the marital protection court shall properly complete the proceedings by considering all relevant facts pursuant to Art. 229 and, if applicable, Art. 317 of the Civil Procedure Code.
It is irrelevant whether these facts occurred before or after the commencement of the divorce proceedings. The marital protection court must bring the proceedings to a decision and may…