Question juridique clé
How should surplus income be divided between separated spouses when calculating maintenance?
Solution extraite
The surplus should generally be divided equally, but the supported spouse's proper maintenance under Art. 163 CC is the upper limit.
Motifs extraits
Art. 163 CC also governs separated spouses and preserves, where possible, their right to proper maintenance based on the standard of living previously enjoyed. Maintenance payments should not create wealth accumulation for the recipient.