Facts
The plaintiff [X.] and the defendant [Y.] were married since 1991 and have three children together. By judgment of 30 June 2005, their marriage was dissolved and the defendant was awarded post-marital maintenance. However, the High Court of the Canton of Aargau suspended these maintenance contributions, as the defendant had been living in a stable cohabitation with [K.] since 1 April 2001.Considerations
The Federal Supreme Court confirmed the suspension of the maintenance contributions to the defendant for the duration of her cohabitation with [K.] . It stated that the possibility of suspending the maintenance allowance introduced by the legislator in Art. 129 para. 1 CC also applies to a stable, marriage-like cohabitation. It is irrelevant whether the cohabitation leads to an…