Art. 125 SCC from 2024
Art. 125 E. Post-marital maintenance I. Requirements
1 If a spouse cannot reasonably be expected to provide for his or her own maintenance, including an appropriate level of retirement provision, the other spouse must pay a suitable contribution.
2 In deciding whether such a contribution is to be made and, if so, in what amount and for how long, the following factors in particular must be considered:
1. the division of duties during the marriage;2. the duration of the marriage;3. the standard of living during the marriage;4. the age and health of the spouses;5. the income and assets of the spouses;6. the extent and duration of child care still required of the spouses;7. the vocational training and career prospects of the spouses and the likely cost of reintegration into working life;8. expectancy of federal old age and survivor’s insurance benefits and of occupational or other private or state pensions, including the expected proceeds of any division of withdrawal benefits.3 Exceptionally, a maintenance contribution may be denied or reduced if it would clearly be inequitable, particularly because the spouse otherwise entitled to receive such contribution:
1. has grossly neglected his or her duty to contribute to the maintenance of the family;2. has wilfully brought about his or her own indigence;3. has committed a serious criminal offence against the other spouse or a person close to him or her.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.