The question of alimony — technically referred to in Swiss law as "maintenance contribution" — is at the heart of many family proceedings: divorce, separation, post-divorce modification procedure, or action to establish parentage. The Swiss Civil Code (CC) distinguishes maintenance owed to minor children (art. 276-277 CC), maintenance owed to adult children in training (art. 277 CC) and the contribution between former spouses (art. 125 CC). PBM Avocats assists both maintenance debtors and creditors in the fixing, modification and enforcement of these obligations in Geneva and the canton of Vaud.
Child Maintenance Contribution: Principles and Calculation
Every minor child is entitled to have their parents provide for their maintenance, according to their means and the child's situation (art. 276 para. 1 CC). This obligation extends to the needs of the child in areas of physical, intellectual and moral development. The reform of child maintenance law, which entered into force on 1 January 2017, modernised the calculation method and enshrined the principle that the personal care of the child by the custodial parent also constitutes a form of maintenance contribution, financially valued in the calculation of the contribution owed by the other parent (art. 285 para. 2 CC).
The method applied by the Federal Supreme Court is the "minimum subsistence with surplus distribution" method. It consists in first establishing the concrete needs of the child — established according to the guidelines for calculating child maintenance contributions published by the Swiss courts — then verifying that the payment of this contribution leaves the debtor parent sufficient funds to cover their own minimum subsistence. If a surplus remains, it is distributed equitably among all entitled persons. This method guarantees that neither the debtor nor the child is left in a situation of destitution.
Post-Divorce Maintenance Contribution between Former Spouses: Conditions and Duration
Art. 125 CC makes the granting of a post-divorce maintenance contribution subject to strict conditions: the applying spouse must be unable to adequately provide for their own needs, and this inability must result from the organisation adopted by the spouses during the marriage (abandonment or reduction of professional activity to raise children, long marriage having created economic dependence). The judge weighs several factors: the standard of living during the marriage, the duration of the union, the professional sacrifices made, the age and health of the parties, as well as their income and future prospects.
The Federal Supreme Court has for several years adopted case law favourable to the economic independence of former spouses: each spouse is expected, within a reasonable period after the divorce, to (re-)enter the labour market at a rate of activity corresponding to their situation (notably linked to the age of the children). The maintenance contribution between former spouses is therefore often fixed for a limited period, except when particular circumstances — very long marriage, advanced age, serious health condition — justify a lifelong maintenance obligation.
Modification and Termination of the Maintenance Contribution
Maintenance contributions fixed in a divorce judgment or an approved agreement are not definitively fixed. Art. 129 para. 1 CC (for the former spouse) and art. 286 para. 2 CC (for children) allow a request to the judge for modification or termination of the contribution in the event of a notable and lasting change in circumstances. Case law requires this change to be significant: a slight variation in income or charges is insufficient. The most frequently invoked grounds are a significant change in the debtor's income, job loss, remarriage or stable cohabitation of the creditor, or the completion of the child's education.
The modification application is addressed to the court that pronounced the divorce or, if the agreement was concluded before another authority, to the judge at the current domicile of the parties. In cases of urgency — for example in the event of a sudden disappearance of the debtor's income — provisional measures may be requested under summary proceedings to temporarily suspend payments or reduce the amount.
Recovery of Unpaid Maintenance Payments
When a maintenance debtor ceases to fulfil their obligations despite an enforceable judgment, the creditor has several instruments available. Enforcement by attachment under the Federal Act on Debt Enforcement and Bankruptcy (DEBA) is the ordinary avenue for recovering arrears. If the claim is established in a judgment or an approved agreement, the creditor may request definitive lifting of opposition. Salary attachment is particularly effective for current maintenance contributions.
The cantons also offer advance and recovery services for unpaid maintenance payments, intended for minor children. In Geneva, the Hospice général may advance unpaid maintenance under certain conditions; in the canton of Vaud, the Service d'aide au recouvrement des pensions alimentaires (SAPA) manages advance and collection applications. PBM Avocats assists its clients in all these procedures, including in cross-border situations involving the application of the Hague Convention or the European Regulation on maintenance obligations.
Frequently Asked Questions on Alimony and Child Support
How is the amount of the child maintenance contribution calculated?
Since the reform of child maintenance law that entered into force on 1 January 2017, the Federal Supreme Court applies the so-called minimum subsistence method with surplus distribution. This method consists in first establishing the concrete needs of the child (food, accommodation, clothing, education, activities, health insurance costs), then determining the contributory capacities of both parents after deduction of their own minimum subsistence. Any surplus is then distributed according to equitable rules. The maintenance contribution also covers the personal care of the child by the custodial parent, financially valued in the calculation (art. 285 para. 2 CC). Each situation is unique and the calculations can be complex, particularly where income is variable or there are particular charges.
Is the maintenance contribution for the former spouse automatic after divorce?
No. The post-divorce maintenance contribution between former spouses (art. 125 CC) is not automatic; it is granted by the judge when one of the spouses is unable to adequately provide for their own needs after the divorce due to the organisation adopted during the marriage. The judge takes into account the standard of living during the marriage, the duration of the union, the professional sacrifices made (notably for raising children), the age and state of health of each spouse, as well as their income and future prospects. Recent Federal Supreme Court case law emphasises the principle of economic independence: each spouse must tend towards financial autonomy within a reasonable period, except in particular circumstances (long marriage, advanced age, health problems).
Can a maintenance contribution be modified after the divorce?
Yes. Maintenance contributions, both for children and for the former spouse, may be modified in the event of a notable and lasting change in circumstances (art. 129 CC for the former spouse; art. 286 CC for children). Recognised grounds for modification include: a significant change in the income or charges of one of the parties, a change in the children's situation (completion of studies, attainment of financial independence), new cohabitation or remarriage of the maintenance creditor. The modification application is addressed to the divorce judge or the competent court. It is not sufficient for circumstances to have slightly changed: the change must be significant enough to justify a revision, which gives rise to a case-by-case assessment.
How can unpaid maintenance payments be enforced in Switzerland?
When a maintenance debtor fails to fulfil their obligations, the creditor has several avenues of enforcement. The most direct avenue is enforcement by attachment under the DEBA (Federal Act on Debt Enforcement and Bankruptcy), which allows the salary or assets of the debtor to be attached. If the claim is established in a judgment or an approved agreement, definitive lifting of opposition may be obtained quickly. In parallel, cantonal advances on maintenance payments (particularly for child maintenance contributions) may be requested from the competent service when the debtor is insolvent. In Geneva, the Service des prestations complémentaires may intervene; in the canton of Vaud, the Service d'aide au recouvrement des pensions alimentaires (SAPA) performs this task.
Until what age must parents pay a maintenance contribution to their child?
Under art. 277 CC, the parental maintenance obligation towards their children lasts in principle until majority (18 years of age). However, if the child has not yet completed their education at that age — which is often the case for university studies or a long apprenticeship — the obligation continues until the completion of training within normal timeframes, provided that it cannot reasonably be expected of the child to provide for their own needs. The right to maintenance contributions beyond majority belongs to the child themselves, who may apply for it directly. Parents may agree on a more favourable limit for the child in the context of a divorce agreement.