Question juridique clé
Whether the divorce maintenance pension should be abolished because the husband's financial situation deteriorated.
Solution extraite
No. The wife's neediness had not ceased or materially decreased, and the husband's asset depletion could not be relied upon because it was willful.
Motifs extraits
Under Art. 153(2) ZGB, a need-based pension may be changed if need no longer exists or the obligor's means no longer correspond to the pension. The court compared the financial situation at the time of the divorce with the present one and found that the husband had intentionally reduced his assets without compelling reasons; such self-inflicted deterioration is disregarded.