Facts
The parties were married on July 4, 1989 and had two children, V. (born in 1989) and W. (born in 1992). Since February 1998, the parties have been living separately. The SCC has modified the judgment of the CC of the Canton of Lucerne of December 7, 2005 and has re-determined the maintenance contribution of the wife.Considerations
The SCC considers that when the contributory capacity of the maintenance debtor allows it, both the creditor spouse and the children can claim full maintenance benefits. The granting of a maintenance annuity presupposes that the debtor has contributory capacity during the maintenance phase in question, which excludes prior financing during another period.
Regarding the wife's request to benefit from a maintenance annuity until the age of her AVS retirement, the SCC considers that if the available means do not allow the debtor spouse to fully cover the maintenance of the wife, the latter is obliged, by virtue of the principle of post-marital solidarity, to fill this gap to the extent of his own means.…