Clarification of maintenance obligations in the event of divorce after retirement
Published: Friday, Aug 23rd 2024, 12:20
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The obligation to pay alimony after a divorce generally ends when the couple reaches retirement age. However, if a couple only divorces after retirement, the situation may be different, as a leading ruling by the Federal Supreme Court shows.
In this particular case, a retired couple divorced after almost 50 years of marriage. The two Italian nationals lived in a traditional domestic marriage and the two children have long since come of age. While the husband has been living in Bulgaria for several years, the wife continues to reside in Switzerland.
The man's income, made up of AHV and BVG pension, amounts to around CHF 2,200, while the woman's is around CHF 100 less. This is the result of a ruling by the Federal Supreme Court published on Friday. It confirms the decision of the Bernese High Court, according to which the husband owes the wife maintenance of around CHF 400 per month, so that the latter reaches the minimum subsistence level.
Lower cost of living
The Federal Supreme Court held that the long marriage, the traditional division of roles and the advanced age of the divorced couple did not justify a limitation of the maintenance obligation. The lower court was allowed to take into account the lower cost of living in Bulgaria when assessing the need, which meant that the minimum subsistence level was lower.
The man's objection that he would no longer be able to take up residence in Switzerland as a pensioner due to his remaining means is no obstacle to this procedure. The aim of calculating maintenance is not to guarantee a residence permit or to keep future options open, writes the Federal Supreme Court. (Judgment 5A_987/2023 of 7.8.2024)
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