Facts
In the context of a marital protection proceeding, the District Court President of W. ordered the appellant (X.) to pay his estranged wife (Y.) CHF 1,500.- per month starting June 2001. However, the Single Judge in Family Law at the Cantonal Court of St. Gallen, in partially granting an appeal, obliged X. to pay Y. CHF 1,170.- per month from July 1 to the end of November 2001, and only CHF 780.- per month from December 2001 onwards. X. then filed a constitutional appeal alleging a violation of Art. 9 Cst. against the lower contribution owed from December 2001.Considerations
The Federal Court upheld the appeal and set aside the contested decision. It stated that in a separation where the restoration of the common household is no longer seriously expected, the criteria applicable to post-marital maintenance (Art. 125 CC) must also be taken into account. In particular, it must be examined whether the spouse - in this case a 41-year-old, healthy woman without care responsibilities - can reasonably be expected to expand her employment,…