Switzerland’s highest court has clarified that each spouse should seek to support themselves financially after a divorce, a decision that particularly affects women.
In a press releaseExternal link published on Tuesday, the federal court clarified important elements of divorce law for the payment of alimony and child support. This was based on a review of five landmark rulings in divorce cases.
One key clarification relates to the so-called “45-year-old rule”, under which a spouse was no longer required to earn a living if he or she did not work during the marriage and was over 45 years of age at the time of the divorce.
This has been common application of the law up to now. But in Tuesday’s decision, the court said that “the possibility of gainful employment must always be assumed, provided that such a possibility actually exists and there are no impediments, such as the care of small children”. Concrete circumstances, such as age, health, experience, and the labour market, are also considerations.
Markus Theunert from Männer.ch, the umbrella organization of Swiss men’s and father’s organizations, praised the court’s decision, telling Swiss public television SRFExternal link that it was picking up on a social trend that he argued is good for both men and women.
The women’s organization Alliance F also reacted positively to the court’s statements but noted that a discrepancy exists between the court’s modern image of marriage and everyday life in Switzerland.
“We welcome the thrust of these rulings. We would appreciate it even more if the right framework conditions were set beforehand so that women are not forced out of the labour market as soon as they have children,” said Alliance F managing director Sophie Achermann. She hopes that the ruling will put politicians under pressure to do more in the way of childcare, parental leave and other areas of support to help women, in particular, balance work and family.
Alimony
The court also clarified how alimony payments should be calculated, putting an end to the wide range of methods used in different cantons. This had made it difficult for lawyers to assess situations, wrote the court, and undermined legal certainty, especially in cases when people changed cantons.
Swiss employment rate rises in first quarter of 2023
This content was published on
The number of women and foreign nationals in employment increased particularly strongly, the Federal Statistical Office said on Thursday.
Coercion still an issue in Swiss welfare system, report finds
This content was published on
The rights of vulnerable people are still sometimes disregarded by the Swiss welfare system, a national research programme has found.
This content was published on
Viola Amherd has expressed her “deep shock” at the assassination attempt on Slovakian Prime Minister Robert Fico on Wednesday.
This content was published on
A man injured half a dozen people with knives, two of them seriously, before being arrested on Wednesday in northern Switzerland.
Switzerland to introduce flight passenger database
This content was published on
Switzerland plans to introduce a flight passenger database to collect and process personal data in a bid to combat terrorism and serious crime.
Government plans to invest over CHF16bn in Swiss rail network
This content was published on
The federal government intends to invest CHF16.4 billion ($18.1 billion) in railway infrastructure between 2025 and 2028, CHF2 billion more than for the current period.
Swiss to vote on pension reform and biodiversity in September
This content was published on
Swiss citizens will vote on occupational pension schemes and a biodiversity initiative on September 22, the Federal Council announced on Wednesday.
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.
Read more
More
When divorce spells big headaches for binational couples
This content was published on
While mixed marriages are on the rise in Switzerland, they are not immune to divorce. Are the stakes of failure higher for binational couples?
Mothers face double-edged sword in Swiss workplace culture
This content was published on
More women in Switzerland are calling for an end to a stigma on mothers in the workplace that is holding their careers and the country back.
You can find an overview of ongoing debates with our journalists here . Please join us!
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.