Facts

[A.A.] (born 1953) and [B.A.] (born 1959) married in 1987 and have been living separately since May 2006. By judgment of 4 July 2013, the District Court of Baden dissolved the marriage upon the joint application of the parties. Regarding post-marital maintenance, the court decided that [A.A.] must pay [B.A.] a monthly maintenance contribution of CHF 4,440.00 from the date the divorce judgment became legally binding until his retirement. [A.A.] (the appellant) appealed this judgment to the High Court of the Canton of Aargau. The High Court dismissed the appeal. Thereupon, [A.A.] filed a civil law appeal and a subsidiary constitutional appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court sets aside the decision of the High Court and remands the case to the lower instance for reassessment. The High Court must establish the material facts regarding the appellant's relevant income and decide on the maintenance contribution based on this. The Federal Supreme Court justifies this as follows: - It remains unclear whether the High Court imputed a hypothetical income to the appellant or based its decision on an actual income of CHF 8,600.-- The High Court did not make…