Questão jurídica principal
Whether accident-related insurance payments had to be treated as the wife’s income for post-divorce maintenance
Decisão extraída
The payments were not treated as income for maintenance purposes because they were meant to cover accident-related extra costs, not to replace earnings.
Fundamentação extraída
The Federal Court held that the wife received no current earning-replacement benefit from the liability insurer; the payments covered increased living, medical, care, and home costs caused by the accident. Therefore the cantonal court correctly based maintenance on the income she could have earned without the accident.