Question juridique clé
Whether the appellate court violated Art. 125 CC by granting the wife post-divorce maintenance for five years despite the husband's objections to her reintegration timeline.
Solution extraite
The maintenance award was compatible with federal law; given the children's age, the agreed postponement of the wife's return to work, and her age and outdated training, the court could allow a gradual reintegration over five years.
Motifs extraits
Post-divorce maintenance must balance self-sufficiency and solidarity. The wife had cared for two minor children until 2006, had not been shown to know the marriage was irretrievably broken at an earlier stage, only sought work in early 2006, and her training was nearly 20 years old. The cantonal court did not abuse its discretion in setting a gradual earning-capacity increase.