Fachanwalt SAV Familienrecht Practice Questions - Fachanwalt SAV Familienrecht Avocat Spécialiste FSA Droit De La Famille Exam

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Spouse A earns CHF 14,000 net per month as a corporate lawyer, while Spouse B manages the household and cares for the couple's three young children without outside employment. Spouse A covers all household expenses and direct bills but refuses to give Spouse B any personal spending money, claiming Spouse B has no income. What statutory claim does Spouse B have under Swiss marriage law?

Spouse B has no legal claim because Swiss law only obligates spouses to provide physical shelter and direct consumables. Spouse B can only claim a share of profits if Spouse A runs an incorporated family business under OR Art. 620. Spouse B must initiate an immediate action for separation of property under ZGB Art. 185 to obtain a monthly wage. Spouse B is entitled to a reasonable monetary amount for personal discretionary use (Betrag zur freien Verfügung) under ZGB Art. 164.

Correct Answer:

Spouse B is entitled to a reasonable monetary amount for personal discretionary use (Betrag zur freien Verfügung) under ZGB Art. 164.

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