Key legal question
Whether the spouse's hypothetical income had to be counted at 100% or only at 50% from 1 November 2009.
Extracted holding
From 1 November 2009, only a 50% earning capacity could be required of the wife, so the higher hypothetical income used by the SPC could not be upheld for that period.
Extracted reasoning
The cantonal court's factual findings were incomplete regarding the husband's health, but its result was not arbitrary because the wife's advanced pregnancy justified limiting the exigible work to half-time in physically demanding cleaning work. The later birth of the child changed the situation for 2010, but that did not invalidate the finding for the period at issue.