Questão jurídica principal
Whether the first-instance maintenance calculation under Art. 125 ZGB was correct.
Decisão extraída
No. The court held that the first instance did not properly apply the two-step method and did not correctly determine the marital surplus or the husband’s gebührender Unterhalt.
Fundamentação extraída
The court found that the first instance relied on an extended minimum rather than the actual jointly lived standard, used an income basis that did not correspond to the income available during cohabitation, and wrongly refused to split the surplus equally.