Do I receive more maintenance if my former partner suddenly earns much more after divorce?

When are you entitled to an amendment?

First distinguish whether maintenance calculation at divorce covered all needs or showed a shortfall. Where a shortfall existed, the divorce agreement often provides that maintenance may increase if circumstances change after divorce.

If no shortfall existed and all maintenance needs were already covered at divorce, a former spouse may not share in the other's improved finances. This does not apply to child maintenance, which may later increase even without a prior shortfall.


How do you obtain a maintenance amendment?

To change maintenance, file an action to amend the divorce judgment at the court where you or your former partner reside. The court will adapt the original calculation basis to the new circumstances.

 

#FamilyLaw#Divorce#Maintenance#SwissLaw
Written by Sheila Pfenninger
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