Facts
The case concerns a couple, X. and Mrs. X., who married in 1977 and had a son in 1985. In 1995, the Court of First Instance of the canton of Geneva pronounced their separation of bodies and condemned X. to pay a maintenance contribution for his family. Subsequently, X. brought an action for divorce, which was pronounced in 2000. The cantonal court condemned X. to pay a monthly maintenance contribution to his wife for a certain period. The defendant, Mrs. X., appealed, requesting a higher maintenance contribution.
The key facts are as follows
- The couple married in 1977 and had a son in 1985.
- The separation of bodies was pronounced in 1995.
- The divorce was pronounced in 2000.
- The cantonal court condemned X. to pay a monthly maintenance contribution to his wife.
- The defendant appealed, requesting a higher maintenance contribution.
Considerations
The Federal Court examined the defendant's appeal and considered that the cantonal court had not violated art. 125 para. 2 CC in setting the maintenance contribution. The Federal Court recalled that the maintenance obligation rests mainly on the needs of the requesting spouse and depends on the degree of autonomy that can be expected from the latter.
The Federal Court also considered that the cantonal court had correctly assessed the defendant's earning capacity and had set a fair maintenance contribution. The…