Indexation of Pensions Awarded to the Divorced Spouse

Facts

The Federal Tribunal has been seized with an appeal against a judgment of the Cantonal Tribunal of Zug that had indexed the monthly pension of 2,000 francs awarded to the divorced wife pursuant to Art. 151 para. 1 CC. The husband contested the validity of this indexation. The facts are as follows: - On July 3, 1970, the Cantonal Tribunal of Zug pronounced the divorce at the fault of the husband, while rejecting the wife's claim for a monthly pension of 2,000 francs and an indemnity of 200,000 francs. - The wife appealed, obtaining an increase in the maintenance contributions for the child. For the remainder, her appeal was dismissed. - Seized with an appeal by the wife, the Supreme Court annulled the divorce judgment and remanded the case to the Cantonal Tribunal to rule again on the wife's claims based on Art. 151 para. 1 CC. - The Cantonal Tribunal then awarded the wife a monthly pension of 2,000 francs, indexed to the Swiss consumer price index.

Considerations

The Federal Tribunal has modified its previous case law and accepted the principle of indexation of pensions awarded to the divorced spouse pursuant to Arts. 151 and 152 CC, insofar as they represent compensation for the loss of the right to maintenance. However, this indexation can only be ordered if the debtor's income is regularly adjusted to the cost of living. The action for modification of the judgment pursuant to Art. 153 para. 2 CC remains reserved. The Federal Tribunal considered that indexation does not constitute a violation of Art. 153 para. 2 CC, as it only aims to…