Question juridique clé
Whether post-divorce maintenance must be lifted after the debtor's retirement and reduction of pension income.
Solution extraite
Post-divorce maintenance is not automatically extinguished upon retirement; it must be recalculated according to proportionality, the debtor's minimum subsistence level, and comparable living standards between the former spouses.
Motifs extraits
The prior ratio between the debtor's income and the maintenance contribution should be preserved as far as possible, so the reduction should be proportional. However, the debtor's subsistence minimum must always be respected. In addition, the debtor may maintain a standard of living comparable to that of the maintenance creditor. Because the wife receives an IV pension and supplementary benefits while the husband lives on old-age pensions, the husband's basic needs must be aligned with the living costs applicable under supplementary benefits.