Questão jurídica principal
Whether the cantonal court arbitrarily applied Art. 176 and 125 CC by denying any spousal maintenance.
Decisão extraída
Yes. The marriage was long and had concretely shaped the wife's situation, so the court could not rely solely on economic independence to eliminate maintenance without examining the relevant criteria and a potential imputed income.
Fundamentação extraída
The court held that, for a marriage lasting more than fifteen years with two children, the standard of living chosen by the spouses remains relevant where finances allow. The lower court failed to consider the wife’s age, health, qualifications, market situation, and whether an increase in work rate was reasonably and actually possible.