Maintenance contributions : confirmation of the income threshold for an alternative calculation method
Until 2020, there were several ways to calculate maintenance contributions in matrimonial proceedings. On November 11, 2020, the Federal Supreme Court ended this plurality by establishing a uniform calculation method: the two-step concrete method with surplus distribution.
The first step is to determine the resources and needs of each family member. Depending on the family's financial situation, either the subsistence minimum under debt enforcement law or the subsistence minimum under family law must be applied.
The second step, if there is a surplus, consists of distributing it equitably between the parents and the minor children.
When this method was introduced, the Federal Supreme Court clarified that it may be deviated from in favor of another method—such as the lifestyle method—in exceptional cases where applying the uniform method would not make sense. An exceptionally favorable financial situation was cited as an example, although not explicitly defined by the Court.
According to several legal scholars, annual incomes of one million Swiss francs or more fall into this category.
In decision 5A_864/2024 of April 7, 2025, the Federal Supreme Court stated that: “it would not appear unreasonable to qualify the parties' situation as exceptionally favorable and thus apply the lifestyle method” where the debtor’s monthly income amounts to CHF 80,407.15, i.e., just under one million francs annually.
Thus, the Federal Supreme Court appears to align with legal doctrine regarding the threshold from which a situation may be deemed exceptionally favorable.
Article written by Me Sara PEREZ