Facts
The dispute concerns the determination of the amount of alimony payable by the husband to his wife, pursuant to Art. 152 CC. The Cantonal Court departed from the usual federal case law, which consists of setting the alimony at 20% above the minimum subsistence level determined according to debt enforcement law, increased by the current tax burden. The Cantonal Court instead applied the social minimum set according to the guidelines of the Swiss Conference of Public Assistance Institutions (CSIAP) for social assistance. The wife contests this approach, considering that it leads to a levelling down, which is not justified given the very good financial situation of her husband. She also believes that the cantonal courts should not apply different scales to determine alimony.Considerations
The Federal Tribunal confirms its constant case law, according to which the spouse is to be considered in need within the meaning of Art. 152 CC when his or her income does not exceed the minimum subsistence level determined according to debt enforcement law, increased by the current tax burden, by more than 20%. This approach allows for the uniform application of the federal criteria in all…