Facts
A. and Mrs. A., of Swiss and American nationality respectively, were married in 1997 and had two children. After 7 years of marriage, the husband filed for divorce in 2006.
The wife lives alone with her two daughters, without any gainful employment or income. The husband lives with a new partner and has two other children.
The divorce was granted in 2009, and the cantonal court set the wife's monthly maintenance contribution at 2,100 francs. The wife appealed against this decision.
Considerations
The Federal Tribunal partially upheld the wife's appeal and set the monthly maintenance contribution at 5,400 francs.
According to case law, the marriage has concretely influenced the wife's financial situation, and she is entitled to maintenance, even though the principle of economic independence takes precedence over the right to maintenance.
To determine the maintenance contribution, the Federal Tribunal first determined the couple's standard of living during the marriage, applying the method of the expanded minimum subsistence level. It then examined the extent to which each spouse can…