Facts
Husband [Z.] and Wife [Y.] married in 1986 and have two sons. In July 1999, the Wife filed for divorce. In the context of provisional measures during the divorce proceedings, the Single Judge of the District of Schwyz assigned the marital property solely to the Wife and the two children for use and obliged the Husband to make monthly maintenance payments to the Wife and children. Upon the Wife's request, the Single Judge of the District of Höfe later re-determined the monthly maintenance contributions. The Husband filed a recourse against this adjustment of the provisional measures, which was dismissed by the Cantonal Court of Schwyz.
Considerations
The Federal Supreme Court holds that the cantonal instances rightly based themselves on the Husband's income in 2000 and did not consider his alleged income reduction. The courts have assumed a case of piercing the corporate veil, as the Husband had merely transferred the shares of his company [X. AG] to his partner in life in order to conceal his actual earning capacity. Therefore, it was permissible to base the maintenance calculation on the Husband's previous income.
Furthermore, the Federal Supreme Court considers it as not arbitrary that the cantonal courts only credited the…