Facts
A.A. (born August 28, 1953) and B.A. (born November 10, 1963) married in 1989 in the former GDR. They are the parents of two children. In 1999, the family moved to Switzerland, where both spouses were employed. In April 2011, the spouses separated. The District Court granted the divorce and dismissed A.A.'s request for maintenance payments. The Cantonal High Court confirmed this decision.
With a civil law appeal, A.A. demands that B.A. pay her a monthly maintenance contribution of CHF 3,000 from September 2017 (after reaching her AHV retirement age) until November 2028 (when B.A. reaches his AHV retirement age). The Federal Supreme Court upholds the appeal and remands the case to the High Court for re-evaluation.
Considerations
The Federal Supreme Court states that in a marriage-shaping relationship, such as this one, the claim for maintenance must be examined in three steps: First, the appropriate maintenance is to be determined, then the self-support capacity of the spouses, and finally the ability to pay of the spouse obliged to pay maintenance.
If the spouse entitled to maintenance - here A.A. - reaches retirement age first, they are generally entitled to continue the standard of living experienced during…