Kernrechtsfrage
Whether the appellate court could reduce the wife's post-divorce maintenance to CHF 1,900 per month by requiring her to draw down inherited assets.
Extrahierter Entscheid
Yes, but only in part: the wife may not be forced to deplete inherited assets in the circumstances, so maintenance must remain CHF 4,000 per month.
Extrahierte Begründung
Although fortune is a relevant factor under Art. 125 al. 2 ch. 5 CC, requiring one spouse to consume capital is justified only if the other spouse is treated similarly or lacks assets; here the husband's income and assets were sufficient to pay maintenance without imposing that burden on the wife.