Kernrechtsfrage
Whether the wife’s AHV pension had to be offset against the contractual maintenance contribution under the divorce settlement
Extrahierter Entscheid
Yes. The settlement had to be interpreted as also requiring deduction of the AHV pension, not only benefits due to incapacity.
Extrahierte Begründung
The court found the wording of clause 24 insufficiently clear in isolation, but the overall structure, purpose, and former Art. 152 ZGB context showed that the parties intended a needs-based maintenance regime with various reduction grounds; excluding the AHV pension would contradict that design.