Question juridique clé
Whether maintenance under Art. 145 ZGB must be determined even if both spouses receive social assistance.
Solution extraite
Yes. Social assistance does not make judicial determination of spousal maintenance unnecessary; the court must fix the maintenance contribution first, and assistance remains subsidiary.
Motifs extraits
Family-law maintenance stems from the spouses' duty of support, prevails over social assistance, and is to be set by the court for the duration of the proceedings. Otherwise social assistance and reimbursement mechanisms may distort the maintenance allocation and disadvantage the entitled spouse.