Dear all,

Need advice on how to correctly and fairly prepare for divorce settlement (financially).
Marriage lasted almost 30 years, 2 adult childen, one is almost independent, the other is still studying at university. Wife has not worked in the last 25 years and has no intention and not really expected to start earning living. Therefore, presumably, there will be a lifetime spouse maintenance and split of pension 50/50.
However, current estimation of living costs shows that wife has been enjoying 75% of the income. Therfore, by plainly following the law, she is entitled to maintain same standards of living and keep 75% of the income. Plus, she insists to stay living in the house, which is also owned 50/50, and asks for 65% of the house in her benefit, but with no intention to sell it now.
The husband is facing soon approaching retirement but at the same time is planning to build a new family and potentially have children. Currently husband is renting a very basic studio with minimum charges.
Questions are:
How to settle a better proportion of spouse maintenance than 75/25? The expenses in the last few years heavily relied on generous bonuses received due to certain projects at work, which is not going to last forever.
What to do with the house? Sell it now, split the revenue, and each spouse finds new places to live? Or let the wife live there until the youngest son resumes his studies (in about 4-5 years time) and try to sell the house then? What are the pros and cons?

How generally the supporter rights for 'standards of living' are protected?

Any piece of advice will be greatly appreciated.

AFAIK the wife is expected to work & support herself now as her children are grown up, this is not the UK or USA.

She is entitled to 50% of the pension accumilated since marriage.

I think the process is fairly simple.

Either:

a. Both parties agree 'privately' to a settlement and have something drawn up by a solicitor and have that agreed by a judge (both parties will have to attend a meeting to say they agree to the settlement)

b. Both parties thrash out a settlement with their solicitors 'behind closed doors' and come to an agreement and then... as per above

c. Both parties take their case to a judge and the judge decides

Discussing in public about what is 'fair' isn't going to help

This, plus 50% of assets acquired during the marriage.

Whatever assets you each had before the marriage, or inherited during the marriage, are not divided but belong to the individual.

Tom

From what I have understood from those going through this, she is expected to work but up to a certain age, ie. if within 5 (?) years of retirement, she would not be expected to work if never have worked during the long marriage. This may have been old practice, specific norms by Canton, or just the values of the judge in the case, but I know that it did happen as such.

Pensions are split/divided equally - that is law here.

Spouse is expected to work and be self supporting. If not qualified for anything, then support monies is expected for this training.

The standard of living during marriage is expected to remain unchanged, but if not possible then both partners will enjoy a lower but equal standard.

The house ......selling it depends on how much profit that will leave to be shared, or whether keeping it will enable a better standard of living - included in wife`s maintenance costs. (most times the bond repayments are lower than the rental on an apartment - with future security of home ownership)

Good luck with the settlement. Just remember one thing ...... divorce seems to always end in full-scale warfare - from my observations of life - so be prepared.

Unless you have separated assets, then it doesn't get split.

Also, only the pension acquired during the marriage gets split, not that acquired before the marriage.

Tom

You beat me to this one! I`ve been wanting to post a thread asking for some general ideas on this same subject (JA! Another friend of mine is going thru the same story!)

His problems seems to be finding a lawyer who actually KNOWS the law about divorces here!
As far as I have seen he is being taken advantage of, big time.

One lawyer says one thing, another lawyer says something else.

He`s even tried the "mediation" team ("impartial" lawyer and social worker team) - where he was shot down in flames, made to feel a fool when questioning unsupported claims from spouse were standard of her living has been self-raised over their two year seperation.

I`ve read thru the Helvetica Civil Code on divorces in Switzerland, and find them quite simple, actually, but not according to real life.

The wife in this instance owns numerous properties in EU, is highly qualified for employment, is employed but works only a percentage, to allow time for numerous vereins and social activities. Rents a large luxurious apartment,(owned house stands vacant) bought new car, upgraded all the electrical mod-cons, etc.
Oh, her last "standard of living" included extensive overseas travel and numerous other holidays (using their tax monies which he since has had to pay!)

Husband lives in co-owned (stripped) house - and is reduced to recycling the plastic bags (type of thing..)

Kids all grown and left the nest.

Latest claims are a hefty few hundred K`s settlement (with interest payable while realising this money), plus monthly alimony (also rather hefty). Selling the co-owned house would be stupid as it still has original bond. Raising the settlement monies is problematic as his income reduced by her alimony does not entitle more bond money. House is shabby anyway and would not sell easily.

So, other than committing suicide, I have suggested he merely abscond the country and go live in a far-away place as an exile.

Hey! No wonder Swiss men go and find a bride in a third world country! I`m guessing those girls are more appreciative of merely having a decent life?

thanks for the advice.

if i ever decide to get married, i will re-read this thread and shortcut the process by giving half of all i own to somebody i hate.

It's not that bad. Ok most marriages from my observation are grim. If you get lucky and find a keeper then life does become very nice. It is like having a really excellent mate with who you have good sexy times.

My serious advice to you would be-

- Never have kids, irrespective of being married or single.
- Most marriages are failure but the good ones are really good. 9 in 10 fail though even if they don't actually end up in divorce. It's a risk you must decide on yourself

Séparation de biens (Die Gütertrennung) marriage regime FTW. You get most of the benefits (tax, child custody, pulling the plug if wife/husband becomes a vegetable) without the whole the government sanctioned relationship-failure "half your stuff or more" fine.

http://www.mariage.ch/pages/de/Frame....cfm&PageId=19 (french version)

Pick and agree on one, and don't fall into the inevitable "if we truly love each other why don't we share everything?" last-minute emotional trap that will get sprung on you, and you're good. Loving and trusting someone now doesn't mean that they will never change or blindly value their self-interest over yours.

marriages generally fail because one side decides to shag someone else, for whatever reason, then it all gets very nasty, so its really very simple, if you don't want to get divorced don't shag anyone other then your partner.

Absolutely agree.

I`m back....with great new advice concerning this subject!

I have now ascertained that the "standard of living" thing is applied thus: Both parties are entitled to the SAME standard of living. Interesting huh?

Tis nothing to do with being maintained in the previous standard of living.

Two households are splitting the monies, so there is not so much available anymore .... and the living standards may have to drop. And they will be reduced evenly for both parties.

One person may not be enriched at the other`s expense. Lekker hey?

There is a formula that Judges (and divorce lawyers) use to assess what is claimable and what is not. Basic living/eating/telephone costs/medical aid/etc has a limit. You cannot claim Sfr300 per month for your Vereins you attend- that is a luxury, and gone are the days when you could claim Sfr500 a month for clothing. Car allowance is taken at the lowest end of the car scale - no more BMW (well, you can have all that, but you can`t claim it from the other person - unless the other person is very wealthy anyway, and doesn`t mind paying it). And if one person works, then the other person is also expected to work. Even if they work 40%, their income will be based on 100%. (unless there are small babies to care for).

When I first read this I thought there is no fn way in hell i would give my exwife 75pc of my income (I'm happily in my first marriage). I would move country, quit work, play dead just no way I would work my ass off to provide that to someone Im trying to get away from.

Hope everyone finds a fair outcome.

As far as Ive understood the hubby (who by the way is nearly retired)has found sombody in their 20-30s who think hes well off, so hes leaving his wife of 30 odd years to run off and play happy families.
Well in my opinion I wouldnt leave the B even 25% .
I would take the bloody lot and skip the country (and whats to bet his girlfriend woulnt want to know anymore , so stupid B can have a lovely retirment on his tod

Kind of lucky it does not work like that in CH!

Or you could always kill the silly B

Certanly under UK law if you kill someone, you can't inherit their money, so probably a risky stratagy at best.
The big question is why did he leave his wife who has not worked for 25 years & spends 75% of his income? If that in itself does not partially answer the question.

The solution is to find a way of doing it so it looks like an accident, you cry a little bit then you spend ALL his money ( in other words keep going like the last 30years)