Question juridique clé
Whether the wife's post-divorce maintenance of CHF 600 per month violated Art. 125 CC
Solution extraite
The award was upheld: the marriage had concretely influenced the wife's situation, her earning capacity was not shown to be higher, and the amount allowed her to maintain the standard of living she had had since the separation.
Motifs extraits
The court held that the marriage was life-shaping because the parties had a child and the wife had cared for the home and child. Her income and prospects were limited by her health and labor-market situation. The long separation did not bar maintenance because the award matched the standard of living actually maintained during separation.