Questão jurídica principal
Whether the cantonal court's CHF 6,000 monthly maintenance award was arbitrary under Article 9 Cst. and Article 163 CC.
Decisão extraída
No. While the court may draw on divorce principles when the spouses are fully separated, it may still use the minimum-vital method with surplus sharing during marriage, provided the recipient does not receive a higher standard of living than during cohabitation.
Fundamentação extraída
The wife was imputed a earning capacity of CHF 3,500 per month; the couple had maintained a very high standard of living; the cantonal court’s surplus allocation did not exceed that former standard and was therefore not insustainable.