Questione giuridica chiave
Whether the wife is entitled to post-divorce maintenance under Art. 125 ZGB
Decisione estratta
Yes. The wife cannot reasonably be expected to earn her own income as of December 2000, so the maintenance claim must be re-examined and the case remitted.
Motivazione estratta
For spouses long separated before divorce, the relevant standard of living is that of the separation period. Given the marriage structure, the wife’s age, health, limited labor-market prospects, and pension situation, part-time employment was not reasonable.