Facts
[K.] , born in 1962, and [B.] , born in 1958, married in 1985. They had three sons, born in 1992, 1994 and 1995. The wife gave up her profession as a teacher after the birth of the first child and thereafter took care of the household and the children. The husband studied computer science with the support of his wife and was employed as an IT professional after completing his studies. The spouses separated on 1 February 2000.
The husband filed for divorce on 1 February 2004, to which the wife did not object. The divorce, parental responsibility, personal contact and the transfer of CHF 92,000.-- from the husband's occupational pension were decided with legal force at first instance on 26 September 2006. Upon appeal by both spouses, the Cantonal Court of Aargau set new maintenance contributions for the children and the wife.
Considerations
The Federal Supreme Court examined the assessment of post-marital maintenance. It held that the Cantonal Court had correctly calculated the relevant standard of living of the spouses and had taken into account both the subsistence maintenance and the pension maintenance. The assessment of the employment that the wife should actually be able and reasonably expected to take up was also not challenged by the Federal Supreme Court.
However, the Federal Supreme Court criticized that the Cantonal Court had incorrectly based the calculation of the pension maintenance on a too high gross income of the wife. Instead, the Cantonal Court should have used the relevant standard of…