Rejection of the request to deduct maintenance contributions paid to the mother of a child born out of wedlock from the common estate

Facts

X. (husband, born in 1955) and Y. (wife, born in 1960) were married on August 26, 1983. Their daughter A. (born in 1991) was born from this union. In September 1999 and August 2001, the District Court of Muri authorized the separation of the spouses at the request of Y. and settled the consequences. On December 3, 2007, the wife filed for divorce with the Cantonal Court of Zug. By judgment of January 26, 2011, the Cantonal Court granted the divorce and settled the ancillary consequences, in particular by ordering Y. to pay X. an amount of CHF 32,266.40 in compensation for his matrimonial claims. In determining the matrimonial claims, the Cantonal Court added an amount of CHF 116,000.- that X. had paid to B., the mother of C. (born in 2000), whom X. had recognized as his child on April 5, 2005, to X.'s assets.

Considerations

X. appealed against this judgment to the Superior Court of the Canton of Zug and in particular requested that Y. pay him CHF 92,292.40 under the matrimonial regime. He argued that the amount of CHF 116,000.- should not have been added to his assets as a "gift" (within the meaning of Art. 208 para. 1 no. 1 CC). The Superior Court partially upheld the appeal and ordered Y. to pay X. CHF 34,292.40 in compensation for his matrimonial claims. For the remainder, the judgment of the court of first instance (with the aforementioned addition) was confirmed.

The Federal Tribunal dismisses X.'s appeal. The addition of the…