Question juridique clé
Whether the spousal maintenance award under Art. 125 ZGB had to be reduced because the surplus should be calculated from the income enjoyed during cohabitation rather than current or future income.
Solution extraite
For a lifelong marriage, the surplus under the two-step method must be derived from the income available during the last period of cohabitation and compared with the then common budget; the first-instance reasoning was not fully correct, but the maintenance amount was still justified in result.
Motifs extraits
The court held that the marital standard of living is the ceiling for maintenance. Under the two-step method, the relevant surplus must reflect the last jointly lived standard, while current needs already incorporate separation-related extra costs. Recomputing the historical surplus showed that the first-instance maintenance order remained supportable.