Question juridique clé
Whether the lower court wrongly allocated the income surplus by granting the husband one third of it.
Solution extraite
The surplus must be distributed evaluatively according to the circumstances; a schematic allocation is impermissible, and the lower court did not give due weight to the wife's greater burden.
Motifs extraits
Maintenance is based on actual incomes, but once a surplus exists, the judge must exercise discretion under Art. 4 ZGB. A head-count formula is only a rough starting point; concrete circumstances, including an excessive and not fully reasonable workload by one spouse, may justify a different allocation.