In the Swiss legal context, the obligation to work during and after divorce proceedings embodies the need for each spouse to assume greater responsibility for their personal financial well-being.
This rule is intrinsically linked to the philosophy of individual autonomy and responsibility, which are pillars of the Swiss legal system, particularly when it comes to financial transactions during divorce.
In the Swiss legal conception, marriage is a cooperative union in which each individual holds reciprocal obligations, including the duty to provide for the other.
Divorce, however, transforms this dynamic, encouraging each person to reinvent themselves as autonomous individuals, ready to assume individual financial responsibilities.
The principle of the obligation to work is not punitive, but rather encourages an equitable transition to financial independence, recognizing both each person’s abilities and opportunities.
This principle is also central to the calculation of maintenance contributions, serving as a guide for determining the amounts required, and may influence the court’s judgments on maintenance contributions.
Work obligation criteria
The implementation of the obligation to work in Switzerland is a complex procedure, modulated by a multitude of factors that aim to take into account the singularity of each case.
One of the key criteria in this assessment is the age of the individual.
For older people or those approaching retirement age, the obligation to work can be adjusted or lifted, taking into account the potential difficulties of finding suitable employment at this stage of life.
Similarly, health status is a paramount consideration.
Individuals with medical conditions or disabilities that impede their ability to work are assessed with compassion, adjusting requirements according to their physical or mental limitations.
In addition, previous professional qualifications and experience are taken into substantial account.
It is recognized that everyone should aspire to a job that respects and utilizes their level of skill and experience, avoiding scenarios where they have to accept work well below their skill level.
Family obligations, such as childcare or caring for elderly family members, are also taken into account, recognizing that these responsibilities may limit the availability and ability to work full-time or even part-time.
Link to maintenance contribution
The maintenance contribution is a crucial component of Swiss matrimonial law, aimed at ensuring financial equilibrium after the dissolution of the marriage.
This provision is closely linked to the obligation to work, establishing a harmony that aims to avoid extreme financial disparities and promote a fair and equitable separation.
Determining the maintenance contribution is a nuanced procedure that takes into account various factors such as the financial needs of each party, their state of health, as well as the duration of the marriage.
The aim is to concoct a solution that promotes financial autonomy while honoring mutual obligations that may remain even after the divorce.
The interaction between the obligation to work and the maintenance contribution is a delicate but significant equation.
While the obligation to work encourages each individual to actively contribute to his or her financial well-being, the maintenance contribution acts as an adjustment mechanism to ensure that the basic needs of each party are met, taking into account the efforts made to maintain a certain standard of living.
This interaction requires careful analysis and evaluation on a case-by-case basis to ensure a fair distribution of resources and to avoid any form of financial prejudice.
In this context, the expertise of a specialist lawyer is often called in to ensure that valuations are fair, and that rights and responsibilities are balanced and fairly applied.
