What does a woman receive in a Swiss divorce?

One of the most common questions in divorce consultations is what a woman receives on divorce. There is a belief that only wives can receive post-marital maintenance or are legally favoured. This is not the case.

Post-marital maintenance is time-limited financial support for the financially weaker spouse who cannot yet support themselves. Further criteria must be met for an award. The claimant must fully use their earning capacity and still be unable to meet their needs. A marriage that significantly shaped their life must generally also exist. Payment must be financially possible: the supporting spouse must at least be able to cover their own minimum living expenses.

 

Post-marital maintenance is awarded only if a duty to support exists after considering all these criteria.

 

In short: It does not matter whether the financially weaker claimant is the woman or man. If a woman is financially well placed and her husband cannot support himself after divorce, he will receive maintenance from her, subject to the criteria above.

#FamilyLaw#Divorce#SwissLaw
Written by Sheila Pfenninger und Samuel Müller
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