Facts
The parties met in 1990, became parents of a daughter, and married in 1995. From November 1996 onwards, they lived separately. On June 5, 1997, the plaintiff initiated divorce proceedings. The District Court of Lucerne-Land dissolved the marriage, placed the child under the parental authority of the mother, ordered a child welfare guardianship, and regulated the personal contact of the father with the daughter. It obliged the plaintiff to pay monthly maintenance contributions of CHF 1,500.-- for the daughter and CHF 4,000.-- until the end of March 2003 and thereafter CHF 3,000.-- until the end of March 2009 for the defendant. On appeal by both parties, the High Court set the maintenance contributions at CHF 2,500.-- for the daughter and at CHF 5,500.-- until the end of March 2003 and thereafter at CHF 3,500.-- until the end of March 2009 for the defendant.Considerations
The Federal Supreme Court upheld the High Court's judgment. It stated that post-marital maintenance is generally to be measured by the pre-marital circumstances of the maintenance creditor, unless the marriage and the birth of the child had significantly and permanently shaped their lifestyle. However, this was not the case here, as the marriage was only short-lived and the defendant had already partially had her daughter cared for by third parties before the marriage. Furthermore, the defendant has a qualified education as a dental hygienist and can therefore find a part-time job despite her age of 47. The Federal Supreme Court considered the maintenance contributions awarded by the High Court to be generously measured and not objectionable. Regarding child…