Calculation method
In principle, a two-stage calculation method with surplus distribution is used. Firstly, all the incomes of the persons affected by the maintenance calculation are added together. Then the individual basic needs under family law are determined. The basic needs generally cover the following costs: basic lump sum (for food, clothing and laundry including their maintenance, personal and health care, maintenance of home furnishings, private insurance, cultural activities and expenses for lighting, cooking electricity and/or gas, etc.), housing costs, compulsory and non-compulsory health insurance, professional expenses, insurance lump sum, costs for Serafe, communication lump sum, tax share, interest on debts and debt repayments, if applicable. Finally, the total needs of all persons are compared with the total income and any surplus is divided up.
Maintenance for children in particular
If the entitled person is unable to provide for themselves due to childcare, childcare maintenance is calculated for the child as part of the child maintenance in addition to the cash maintenance. The sole purpose of childcare maintenance is to compensate for the loss or reduction in gainful employment of the parent caring for the child. The parent must achieve a workload corresponding to the school level model. The Federal Supreme Court’s school level model states that the parent can be expected to work 50% of the time from the time the youngest child starts compulsory schooling, 80% from the time the child enters lower secondary school and 100% from the time the child reaches the age of 16. Childcare maintenance corresponds to the difference between the earned income of the main carer and their basic needs under family law.
Post-marital maintenance in particular
An entitlement to post-marital maintenance exists if one spouse cannot reasonably be expected to provide for his or her own reasonable living expenses, including retirement provision. The amount and duration of post-marital maintenance is to be determined on the basis of statutory criteria, such as the division of responsibilities during the marriage, the duration of the marriage, the position in life during the marriage, the age and health of the spouses, the income and assets of the spouses, childcare, professional training and expected retirement provision. In principle, however, according to the concept of the ‘clean break’, each spouse should be responsible for their own maintenance after the dissolution of the marriage.
Duration of the maintenance obligation
If a spouse is awarded post-marital maintenance in a life-defining marriage with a classic division of roles, this is generally always limited according to the latest Federal Supreme Court case law (e.g. until the children reach the age of majority or for the duration of the marital cohabitation). In individual cases, this can be set up to retirement age.
Child maintenance is owed until the child reaches the age of majority or until the child has completed an appropriate initial education.
Highly simplified calculation example for post-marital maintenance:
Let’s assume that the partner obliged to pay maintenance earns CHF 5,000.00 and the entitled partner has their own income of CHF 2,000.00 and the marriage has lasted over 20 years with a classic division of roles. Assuming that the needs of the spouses are CHF 3,500.00 each, the wife would be entitled to maintenance of CHF 1,500.00.
Depending on the ability to pay, needs and standard of living during the marriage, other maintenance claims may exist in a specific individual case.
Due to the additional costs incurred as a result of the separation, the above example could well be a case of inadequacy. In this case, the court would determine a shortfall and the person entitled to maintenance would have to claim this shortfall via social assistance. However, it would first be checked whether the parties have fully utilised their ability to pay.
Conclusion: What should you know?
The calculation of maintenance amounts in Switzerland is very individualised.
If you need support in the area of separation and divorce, our experienced lawyers will be happy to assist you.