Facts
The parties married in the Netherlands in 1994 and have three children. The divorce proceedings are pending before the District Court of Einsiedeln. In the context of interim measures, the District Court regulated the father's visitation and vacation rights as well as his maintenance obligation towards the wife and children in 2017.
On appeal by the husband, the Cantonal Court of Schwyz obliged him in 2019 to make monthly maintenance payments in various phases. The wife filed a complaint with the Federal Supreme Court and demanded higher maintenance contributions for various phases.
Considerations
The Federal Supreme Court notes that the principle of party disposition and the principle of social investigation apply to marital maintenance under Art. 163 of the Swiss Civil Code (ZGB). It sees no arbitrariness in the Cantonal Court's application of the principle of party disposition.
However, the Federal Supreme Court recognizes a violation of the principle of equal treatment, as the Cantonal Court has refused to distribute the funds freed up by the termination of child…