Facts
K. (husband and appellant) and B. (wife and respondent) were married in 2006 and had a daughter. The wife works part-time (30%) and the husband receives a disability pension as well as a pension for impairment of integrity from the military insurance and works part-time (50%). At the marital protection hearing on 18 January 2008, the spouses agreed to divorce. As part of the interim measures during the divorce proceedings, the district court placed the child under the mother's custody and regulated the father's right of access. It ordered the husband to pay monthly maintenance contributions of CHF 2,000 for the wife and CHF 1,050 (plus CHF 200 in allowance) for the child. The husband filed a cantonal nullity appeal. The disputed issue was whether the pension for impairment of integrity from the military insurance should be taken into account in the husband's income. The Cantonal Court of the Canton of Solothurn answered this question in the affirmative and rejected the nullity appeal on all other points. The Federal Tribunal dismisses the husband's appeal.Considerations
The pension for impairment of integrity, like the compensation for moral damages, is intended to compensate for non-material damage. Although these benefits have an indemnity character and not that of income, they can be taken into account, at least partially, in the calculation of the determining income for maintenance during divorce proceedings. In the present case, the husband's pension for impairment of integrity represents 15.4% of his total income. If it were not taken into account, this would create a deficit that the husband would have to bear entirely, which would be disproportionate given the fact…