Kernrechtsfrage
Whether the cantonal court arbitrarily applied Art. 176(1) CC by splitting the wife’s excess income/fortune equally and setting maintenance at CHF 11,000.
Extrahierter Entscheid
Yes. The marital standard of living is the upper limit for maintenance; the award would have given the husband a higher standard of living than during the marriage.
Extrahierte Begründung
The couple had lived for over 20 years mainly on the husband’s income of CHF 8,000-10,000, later supplemented by the wife’s parents. The wife’s fortune entered the picture only shortly before separation and did not materially shape the marital standard of living.