Theoretically, each spouse must be able to support themselves and earn sufficient income from employment to be economically independent after a divorce. In practice, however, this is not always possible immediately after a divorce. For example, one of the spouses may not have worked for several years during the marriage to care for the children. After the divorce and after years of unemployment, it can be difficult for this spouse to find a job, and it may take several months of training before they can earn a regular income again.

If a spouse is unable to support themselves in such a case after the divorce, the other spouse may be required to pay maintenance.

But beware: To receive maintenance payments, you must meet strict conditions. Article 125 Paragraph 1 of the Swiss Civil Code describes the criteria for determining the claim to maintenance payments after a divorce. Furthermore, the maintenance payment must not be an unreasonable financial burden for the obligated spouse.

The divorce court decides whether a claim for post-divorce maintenance is justified. According to Article 125 Paragraph 2 CC, it considers a number of criteria. Here are some of the most important conditions for the granting of post-divorce maintenance payments:

Duration of the Marriage

It is unlikely that a court will order spousal maintenance after a marriage that lasted less than five years. Swiss case law assumes that the marriage had little impact on the financial situation of the spouse in question and therefore does not justify support after a divorce.

If the marriage lasted between five and ten years and the spouses have no children, the claim to post-divorce maintenance may apply. However, this is not automatic: the court examines the impact the marriage had on the life and employment of the spouses. If the marriage led to a significant change in the living circumstances of one of the spouses, such as giving up employment, a claim to spousal maintenance may exist.

For a marriage that lasted ten years or longer, maintenance payments are usually due if one of the spouses was not employed during this time. For a marriage lasting 30 years or more with several children, the courts assume that both spouses are entitled to the same standard of living, which generally requires the payment of post-divorce maintenance.

Division of Responsibilities in the Marriage

When deciding on the granting of post-divorce maintenance, the court also considers how the household tasks were divided during the marriage. If one of the spouses took care of the children and the maintenance of the home during the marriage and thereby postponed their employment, this constitutes a claim to post-divorce maintenance in the eyes of the courts.

Extent of Childcare

If one of the spouses takes custody of the children after the divorce and is unable to work during the marriage, maintenance is usually due until the children are 16 years old. Please note that since January 1, 2017, child maintenance and spousal maintenance have been handled separately.

Education and Career Prospects

The court also considers the previous education and career prospects of the spouse applying for post-divorce maintenance. This support is granted until the spouse in question can work sufficiently and become financially independent. Depending on the experience and professional background of the spouse in question, this may take more or less time.

Legal Situation and Possible Financial Support

If the divorced spouse cannot receive a pension due to years of unemployment, post-divorce maintenance payments are usually required. The court examines the personal situation of the divorcing spouse to determine if they are entitled to a specific pension benefit or if spousal maintenance is to be paid.

Health Condition

Regardless of the duration of the marriage or the contribution of the spouses to the household, the health condition of one of the spouses can justify the payment of spousal maintenance after a divorce.

There is no uniform duration for maintenance payments between former spouses. This depends on the needs and the degree of financial independence of the spouse. Depending on their personal and family situation and professional experience, the court will make a preliminary estimate of how long it will take for them to reintegrate into working life and become financially independent.

Therefore, each individual divorce requires specific measures regarding post-divorce maintenance. Even though this financial support is not intended to be permanent, it may be necessary to provide maintenance payments for several years depending on the spouse’s situation. For example, maintenance payments may be made until retirement if a spouse is unable to find work due to their age, illness, or lack of experience after the divorce.

In addition to determining the entitlement to spousal maintenance, the court also decides on the amount of maintenance (Art. 126 CC). There is no fixed percentage for calculating maintenance in Switzerland. Case law speaks of an appropriate maintenance contribution. To determine this, a judge assesses the needs and standard of living of the spouse. When setting the amount, the court relies on:

• The financial means of each spouse (including the subsistence level of the maintenance-obligated spouse);
• The financial needs of the spouse who is to receive the support (housing, health insurance, clothing, food, etc.).

Reassessment of Maintenance

Significant changes in the living conditions of the spouses can lead to a reassessment of maintenance upwards or downwards, or even to its complete suspension (see Articles 128-130 of the Civil Code). This can be the case, for example, if the maintenance-entitled spouse remarries. The maintenance amount can then be reduced or the support completely suspended. Again, it is the courts that decide on a case-by-case basis whether the payment and the amount of maintenance are still justified. With the death of one of the two former spouses, the maintenance obligation ceases completely.

How to Pay Post-Divorce Maintenance?

Generally, post-divorce maintenance payments are made monthly in the form of a court-determined pension. In some cases, however, a lump-sum settlement can be agreed upon between the former spouses. This is an exceptional measure often taken, for example, when one of the ex-spouses decides to move abroad. If no agreement can be reached, you should consult a family law attorney.