Facts
X. (the appellant) and Y. (the respondent) married in 1995 and have two children, A. (born 1996) and B. (born 1998). In January 2013, X. requested marital protection and made various principal and subsidiary claims, including for the regulation of child maintenance and spousal maintenance. The District Court assigned parental custody of the children to Y., obliged Y. to pay CHF 785.- per month for X.'s personal maintenance, and ordered the separation of property. X. contested the decision on spousal maintenance with a cantonal appeal, which the High Court dismissed. Before the Federal Supreme Court, X. renews her appeal claims.
Considerations
The Federal Supreme Court notes that in marital protection proceedings, it is permissible and often necessary to make subsidiary claims for spousal maintenance in case the principal claims are not successful. This is particularly the case when the allocation of child-related matters is disputed and the children wish to remain with the respondent. The appellant could have made subsidiary claims for spousal maintenance at the latest in her statement on the report of the hearing of the children.
The Federal Supreme…