Questione giuridica chiave
Whether rent or mortgage interest may be included in minimum needs when the dwelling is not actually occupied by a party.
Decisione estratta
Only the housing cost for the dwelling actually and presently occupied by a party may be counted as minimum needs; a second dwelling is not covered.
Motivazione estratta
Minimum needs may cover only one dwelling, namely the one that is currently used as a home. A second apartment is not existentially necessary, and once the party has moved out, the corresponding rent becomes an ordinary, non-privileged debt that does not rank ahead of the spouse's maintenance claim.