Determination of the Maintenance Contribution of the Husband to the Wife during the Divorce Protection Proceedings

Facts

Divorce protection proceedings were pending between [B.] (husband) and [A.] (wife). By judgment of 19 March 2002, the three-judge panel of the High Court of the Canton of Basel-Landschaft obliged the husband to pay the wife a monthly maintenance contribution of CHF 600.-- in advance, retroactively from 1 November 2001 during the divorce protection proceedings. The wife filed a constitutional appeal against this judgment.

Considerations

The Federal Court examined whether the High Court had acted arbitrarily in determining the maintenance contribution. It concluded that the High Court had adequately taken into account the husband's assets. The High Court applied Art. 3c(1)(c) of the SBA by analogy and deducted 10% of the assets exceeding CHF 25,000.-- as income. The Federal Court considered this to be lawful, as the pension debtor in advanced age can be expected to draw…