Questão jurídica principal
Whether the cantonal court arbitrarily assessed the maintenance basis by not treating the separation as definitive and by applying Art. 163 CC instead of Art. 125 CC.
Decisão extraída
The complaint failed; in protective measures, Art. 163 CC remains the basis of mutual support until divorce, and the possibility of resuming cohabitation could remain open.
Fundamentação extraída
The legal basis for maintenance in separation measures is Art. 163 CC. Even if a return to common life seems unlikely, the decisive issue is not the clean-break regime of Art. 125 CC, but adaptation of the spouses' prior agreement to the separation. The wife's lack of gainful activity was undisputed.