Questão jurídica principal
Whether the cantonal courts violated the disposition principle by limiting spouse maintenance to the quantified request of CHF 785 per month.
Decisão extraída
No. In maintenance for the spouse, the court is bound by the quantified request and may not award more ex officio, even if the calculated entitlement is higher.
Fundamentação extraída
Spouse maintenance under Art. 176(1) ZGB remains subject to Art. 58(1) ZPO. The officio principle applies to child maintenance, not to the spouse's claim. Eventual requests could have been made if the child arrangements were uncertain.