Kernrechtsfrage
Whether maintenance fixed in a final separation judgment may be modified by interim measures in a later divorce action before the separation period expires.
Extrahierter Entscheid
Yes, but only exceptionally and only if there is a significant and lasting change in the factual circumstances.
Extrahierte Begründung
The court changed its previous practice. Interim measures in divorce proceedings are meant to regulate the parties' situation during the pendency of the case, regardless of whether the underlying action is a modification action or a divorce action. In light of the finality of the separation judgment, such measures should be ordered only exceptionally, by analogy to modification proceedings, and require a substantial and enduring change in circumstances.