Facts
The parties married in 2004 and have two daughters. Since 2013, they have been living separately, and divorce proceedings are pending at the District Court of Baden.
The wife applied for interim measures within the divorce proceedings on November 10, 2017, requesting maintenance contributions, which also included maintenance for retirement provision. However, the District Court of Baden and the High Court of the Canton of Aargau did not award any maintenance for retirement provision.
The wife filed a complaint with the Federal Supreme Court and demanded higher maintenance contributions, which would also include maintenance for retirement provision. The Federal Supreme Court dismissed the complaint.
Considerations
According to the case law of the Federal Supreme Court, maintenance for retirement provision cannot be awarded within the framework of interim measures during the divorce proceedings. The right to maintenance during the divorce proceedings is based on Art. 163 ZGB, which only covers maintenance for current needs. Post-marital maintenance under Art. 125 ZGB, which may also include maintenance for retirement provision, is only applicable from the time of the divorce judgment or the settlement of the ancillary consequences of the divorce.
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