Divorce: do I have to pay for life?

Divorce: do I have to pay for life?

"Divorced for many years, I owe my ex-wife a maintenance contribution. There are no children of the marriage. In 2004, following my retirement, the said contribution was reduced by a court ruling. Today I am still obliged to pay CHF 320. Is there any way of having this pension withdrawn, given that it represents 8.88% of my income? Is there an obligation to contribute for life?

In divorce cases, there is no principle of an automatic "lifetime" contribution, with each spouse encouraged to provide for his or her own maintenance.

Case law nevertheless considers that in certain circumstances the marriage has had such an influence on the financial situation of the spouses that it is appropriate to divide the economic consequences and benefits of the marriage and divorce as fairly as possible between them by awarding one or the other a maintenance contribution.

When setting the amount and duration of this maintenance contribution, the judge will take several factors into consideration, including the length of the marriage, the spouses' standard of living, their ages, their state of health, their wealth and their earning prospects due to their professional training.

The marriage is generally considered to have had a tangible influence on the financial situation of the spouses when it has lasted at least ten years, when children have been born of the union or when it has led to significant cultural uprooting. In such cases, the judge may consider that the standard of living chosen during the marriage must be maintained insofar as it cannot be achieved by both spouses independently.

As each case is different, there is no predefined percentage of the creditor spouse's income above which the contribution would be reduced.

According to art. 129 para. 1 of the Civil Code, if the situation of the debtor or creditor of the maintenance contribution changes significantly and permanently, the pension may be reduced, withdrawn or even suspended for a certain period. So, if your financial situation or that of your ex-wife has changed considerably, you can apply for a change in the maintenance contribution, as you have already done. You should also be aware that entitlement to the contribution ceases if the beneficiary remarries, unless expressly provided otherwise, or if you have been in a stable, long-term cohabitation for several years.