Decision on the Ancillary Financial Consequences of Divorce

Facts

The appellant [X.] (husband, born 1955) and the respondent [Y.] (wife, born 1960) were married on 26 August 1983. One child, [A.] (born 1991), was born of the marriage. In September 1999 and August 2001 respectively, the District Court of Muri granted the spouses' request for separation upon the application of [Y.] . On 3 December 2007, the wife filed for divorce with the Cantonal Court of Zug. By judgment of 26 January 2011, the marriage was dissolved and the ancillary consequences were regulated. In determining the financial claims, the Cantonal Court added the amount of CHF 116,000.-- that [X.] had paid to [B.] , the mother of his non-marital son [C.] (born 2000), to [X.] 's acquisitions. [X.] appealed against this judgment to the High Court of the Canton of Zug. The High Court partially upheld the appeal and ordered [Y.] to pay CHF 34,292.40 to [X.] in compensation for financial claims. [X.] filed a civil law appeal against this judgment with the Federal Supreme Court.

Considerations

The Federal Supreme Court examined whether the payments made by the appellant to the mother of his non-marital son were rightly added to the acquisitions as "gratuitous…