Questão jurídica principal
Whether separated spouses' support duty allows attribution of the other spouse's income when assessing legal aid.
Decisão extraída
Yes. Each spouse is assessed separately, but only the amount the other spouse can spare without becoming unable to litigate is imputed to the applicant.
Fundamentação extraída
Art. 159(3) and 163(1) ZGB require continued marital support obligations even during separation. The wife had only about CHF 700 monthly surplus, which was insufficient to finance the litigation within a useful period without making her herself indigent.