Facts
J. and B. were married from 1954 to 1977. After the divorce, J. was obligated to pay B. a monthly pension. In 1986, J. filed a lawsuit to modify the divorce judgment, as B. had been living in a marriage-like relationship with another man since 1979. The District Court and the Court of Appeal of the Canton of Bern dismissed the lawsuit. J. then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that the loss of the divorce pension in the case of a concubinage relationship is to be assumed when it forms a community comparable to marriage. In particular, the duration of the concubinage is an essential criterion, as it allows conclusions to be drawn about the stability and mutual support of the partners.
In the case of a concubinage that had already lasted five years at the time the lawsuit was filed, there is a presumption that the pension beneficiary derives similar benefits from the new community as in a marriage and only refrains from entering into a new marriage to avoid losing the pension. In this case, the burden of…