Post-Divorce Maintenance Based on Post-Nuptial Solidarity in Long-Term Marriage

The appellate court considered whether the appellant's limited earning capacity, stemming from a lack of professional training and the current job market, justified a post-divorce maintenance claim under Article 125 of the Civil Code. The court reasoned that while maintenance claims often address disadvantages caused by the marriage, such as career sacrifices for childcare, the criteria in Article 125 ZGB also incorporate the principle of post-nuptial solidarity. Specifically, in cases of long-duration, life-shaping marriages (here, 15 years), even disadvantages not directly caused by the marital roles, such as poor health or limited job prospects, can warrant support based on the created position of trust, provided the obligated party is capable of paying; consequently, the court granted maintenance for six years, with a reduction after three, to allow the recipient time to re-integrate into the workforce despite some physical and psychological impairment.