Facts
The complainant, a 1945-born, non-working woman, had been judicially separated from her husband since 1993. The compensation office of the canton of Zurich determined her personal OASIA/IV/EO contributions for the year 2003, taking into account half of her husband's net assets and pension income. The complainant requested that her contributions be assessed based on her own social circumstances.
The Social Insurance Court of the canton of Zurich dismissed the complaint. The complainant appealed to the Federal Court in public law matters.
Considerations
The Federal Court had to examine whether the application of Art. 28 para. 4 OASIO to judicially separated spouses is in accordance with the law and the constitution. The complainant argued that the separation of marriage abolishes the marital support obligation and therefore the contribution assessment according to Art. 28 para. 4 OASIO is not applicable.
However, the court found that the marital support obligation continues to exist even after the judicial separation and that the contribution assessment according to Art. 28 para. 4 OASIO is also applicable to judicially separated spouses. The court relied on the case law…