Facts
A. and B. were married in 1990 and separated in 2008. By decision of September 9, 2015, the Pretore of the District of Lugano pronounced the divorce, awarded custody of the daughters C. and D. to mother B. and rejected A.'s request for alimony.
By judgment of April 19, 2018, the I Civil Chamber of the Court of Appeal of the Canton of Ticino partially upheld A.'s appeal, ordering B. to pay him a maintenance contribution of CHF 775.- per month from the end of C.'s school or vocational training until the ex-husband reaches retirement age, and CHF 485.- per month from that time until the ex-wife reaches retirement age.
A. appealed to the Federal Tribunal, challenging the amount and the starting date of the maintenance contribution.
Considerations
The Federal Tribunal held that, even with the entry into force of Art. 276a para. 2 CC, the maintenance obligation towards the former spouse continues to take precedence over the obligation towards the adult child in education.
According to the Tribunal, Art. 276a para. 2 CC allows derogation from the principle of priority of the maintenance obligation towards the minor child only to avoid the adult child entitled to maintenance…