Facts
The case concerns the divorce of B. and K. After approximately 10 years of separation, the Cantonal Court set the amount of maintenance for spouse B. based on her standard of living during the separation period. Spouse B. appealed against this decision, requesting the maintenance of her standard of living during the marriage. The Federal Supreme Court (FSCA) upheld B.'s appeal and remanded the case to the Cantonal Court for a new decision on the amount of the maintenance contribution.Considerations
According to Art. 125 para. 1 CC, the spouse is entitled to an appropriate maintenance contribution if they cannot provide for their own maintenance, including adequate old-age provision. The FSCA considers that when the spouses have lived separately for a long period, the standard of living during this separation period is decisive for determining the appropriate maintenance contribution, and not the standard of living during the marriage.
However, the FSCA considers that in the circumstances of the case, it was not reasonably expected of B. to seek part-time employment from the time of separation in May 1995. Given her age, health condition, education, and the labor market situation, it was not…