Question juridique clé
Whether the appellate court's allocation of second-instance procedural and party costs was arbitrary under Art. 9 BV
Solution extraite
Yes. The husband was not wholly unsuccessful, and the wife also failed to obtain most of her financial claims; the cost split of three quarters against the husband and half of the wife's lawyer's fee was untenable.
Motifs extraits
The Federal Court compared the amounts claimed and awarded in the appeal proceedings and found that both parties only partially succeeded. The husband's appeal was partly upheld because the overall maintenance burden was reduced, while the wife's own appeal on spousal maintenance largely failed. The cantonal court's assumption that the husband had fully lost was therefore wrong and led to a manifestly unjust cost allocation.