The Federal Supreme Court has issued several leading decisions on family support and has repealed or softened rules of thumb. What is the new legal situation?
Part 2
Are you able to support yourself? What can prevent you from doing so? For how long?
Self-sufficiency, self-responsibility
Every adult person is responsible for his or her own livelihood. The primacy of self-support applies: After separation, divorced spouses must, in principle, earn their own living. The aim is to achieve economic independence.
Periods of transition
Reasonable transitional periods are granted for finding a new job and participating in further or additional training. Further training can be useful to strengthen the self-support capacity of the potential maintenance obligee, which relieves the maintenance obligor to a greater extent. The job application process also takes time (cf. Ruling of the Swiss Federal Court 5A_104/2018 dated 2nd February 2021 E. 5.4).
Temporary duration of post-marital alimony
The duration of post marital alimony is limited, as there is no entitlement to lifelong equality.
Long-term domestic marriage, minor children
Long-term domestic marriages and incapacity to work due to children are taken into account.