Facts
After an acquaintance of around two years, [B.] (husband), born in 1941, and [A.] (wife), born in 1945, married on 6 December 1991. The spouses lived together for just under four years. On 29 August 1995, the husband initiated the divorce proceedings. In the context of provisional measures during the divorce proceedings, the husband's maintenance obligation towards his wife was particularly disputed. The High Court of the Canton of Solothurn revoked the husband's maintenance obligation retroactively from 1 December 2000.Considerations
The Federal Supreme Court sets aside the High Court's judgment, insofar as it is to be considered. It justifies this as follows:
The High Court revoked the husband's maintenance obligation retroactively from 1 December 2000, without giving any reasons for doing so. This constitutes a violation of Art. 9 BV (prohibition of arbitrariness). According to case law and doctrine, a modification of provisional measures during divorce proceedings can generally only be made for the future, i.e. from the time the modification decision becomes legally binding. Retroactivity is only exceptionally justified if the required change in the living conditions was foreseeable for the party concerned at the time the application was filed. The High Court has violated these principles without providing comprehensible reasons.
On the merits, the High Court assessed the wife's earning capacity based on…