Questione giuridica chiave
Whether the cantonal court acted arbitrarily by applying the excess-income sharing method to determine spousal maintenance.
Decisione estratta
No arbitrariness: the method is permissible, high income alone does not exclude it, and the husband failed to show that the spouses actually lived below their means or that the court's calculation was untenable.
Motivazione estratta
The Federal Court held that Art. 176(1) No. 1 CC in conjunction with Art. 163(1) CC does not prescribe a mandatory calculation method. The excess-sharing method is one accepted option; deviation is justified only when proven that not all income was used for family maintenance. The husband did not make that showing, and his asserted lifestyle split was incompatible with the duty of proper maintenance.