Under which conditions is a spouse entitled to receive alimony?

According to Art. 125 I CC, if a spouse cannot reasonably be expected to provide for his or her maintenance, including an appropriate level of retirement provision, the other spouse must pay a suitable contribution.

In deciding whether such a contribution is to be made and, if so, by what amount and for how long, various factors are considered by the judge, such as the duration of the marriage, the standard of living during the marriage, the age and health of the spouses, the income and assets of the spouses, the possibility for a spouse to reintegrate working life…

For example, if the marriage lasted many years and if one of the spouses devoted himself of herself to the education of the children, this spouse will likely be allocated alimony by the judge. On the other hand, if the marriage lasted for a few years only and if the spouses are both capable of supporting themselves financially, no alimony will be allocated.

The amount of alimony to be paid will depend on the claiming spouse’s needs, the income at disposal and the standard of living of the spouses during the marriage.

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This website aims to provide general information regarding Swiss law and should not be regarded as a legal opinion. For more specific advice, do not hesitate to contact us.