Facts
The dispute concerns the termination of the divorce pension paid by Louis Theobaldus M. to his ex-wife Johanna Ruth M.-N. due to the fact that the latter has been cohabiting with a third party for more than 5 years. The Federal Tribunal had to rule on the question of whether the stable cohabitation of the ex-spouse justified the termination of the divorce pension, despite the fact that the cohabitants were not able to assist each other financially.Considerations
The Federal Tribunal ruled that the mere fact that the cohabitants were not able to assist each other financially does not allow for the denial of the existence of a stable cohabitation entitling to the termination of the divorce pension. Indeed, Art. 153(1) CC aims to protect the ex-spouse debtor of the pension from having to continue providing for the needs of their former spouse when the latter is living in a new stable and exclusive relationship, comparable to a marriage, in which the partners owe each other mutual assistance, regardless of their financial situation.
Furthermore, the Federal Tribunal considered that the fact that the cohabitants refrained from marriage for reasons…