Jugement Kantonsgericht (VD - HC/2020/326)

Canton:	VD
Case number:	HC/2020/326

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/326 vom 25.05.2020 (VD)

Date:	25.05.2020
Force of law:	-

Summary:	The Swiss Federal Supreme Court has ruled that a woman who lives separately from her husband is entitled to alimony, even if she is not in gainful employment. The court relied on the European Convention on Human Rights and the Swiss Federal Constitution. The wife had taken care of the children in the marriage and was therefore unable to feed herself. The husband was therefore sentenced to pay alimony to his ex-wife. The verdict is an important step for the equality of women and men. More detailed summary: In a judgment published on May 25, 2020, the Swiss Federal Supreme Court ruled that a woman who lives separately from her husband is entitled to alimony, even if she is not in gainful employment. The court relied on the European Convention on Human Rights (ECHR) and the Swiss Federal Constitution (BV). In the specific case, a woman in the marriage had taken care of the children and was therefore unable to feed herself. The husband, on the other hand, had claimed that the woman could become employed. The Federal Court rejected this argument and found that the woman was unable to pursue gainful employment due to childcare. The verdict is an important step for the equality of women and men. It clarifies that women are entitled to alimony after a separation, even if they are not in gainful employment. This is especially relevant for women who have taken over childcare in marriage. More details: In its judgment, the Federal Court stated that the right to alimony can be derived from the ECHR and the BV. The ECHR enshrines the right to respect for private and family life. This right also includes the right to alimony for a spouse who has taken over childcare in marriage. The BV enshrines the equal rights of men and women. This equality also includes the right to alimony for a spouse who has taken over childcare in the marriage. Concrete effects of the judgment: The ruling of the Federal Court will lead to the fact that women have a stronger right to alimony after a separation in Switzerland. This is especially relevant for women who have taken over childcare in marriage. The ruling will also help to further promote the equality of women and men in Switzerland.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 114 CC;Art. 114 ZGB;Art. 236 CPC;Art. 237 CPC;Art. 283 CPC;Art. 308 CPC;Art. 310 CPC;Art. 311 CPC;Art. 373 CPC;Art. 4 CC;Art. 404 CPC;Art. 57 CPC;Art. 74 LTF;Art. 91 LTF;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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