Should women be allowed to get divorced

Judgments of the Federal Supreme Court - Divorced women should provide more for their own living

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The Federal Supreme Court standardises the maintenance claim in the event of divorce. This has consequences for women in particular.

You stayed at home and looked after the children or elderly parents for years. You may have volunteered in sports or cultural clubs. One thing is clear: the longer a woman has not been employed, the more difficult it will be for her to regain a foothold in the labor market. After a divorce, for example.

Protection rules repealed

So far, however, there have been protective mechanisms. For example the so-called “45 rule”: If a woman was not employed during the marriage and was 45 years old when the divorce occurred, the courts no longer expected her to enter the labor market. The same applied if a housewife had been married for at least ten years. As a result, the former husband had to make maintenance payments.

But these blanket rules should now be over. According to the Federal Supreme Court, previous women who are older than 45 can in principle also go looking for a job. Unless there are specific reasons against it - such as looking after small children.

Pressure on housewives is increasing

The court rulings reflected developments in recent years, says Andrea Büchler, law professor at the University of Zurich: “The main thing is that marriage is no longer seen as a pension institution. Rather, it appeals to the partner's financial responsibility, which is particularly relevant when the marriage comes to an end. "

Marriage is no longer seen as a provident institution.
Author: Andrea Büchler, Professor of Law, University of Zurich

Everyone should be able to look after themselves after the divorce - that fits in with the principle of gender equality. And the jurisprudence definitely ties in with social developments.

Tradition and new role models

Nevertheless, there is a certain ambivalence here, emphasizes Büchler. There is an increasing participation of women in the labor market and an increase in egalitarian role models in families. In Switzerland, however, the traditional role model is still widespread.

The compatibility of work and family is still not sufficiently guaranteed.
Author: Andrea Büchler, Professor of Law, University of Zurich

“Not least because Switzerland is also very much privatizing this issue,” explains Büchler. The reconciliation of work and family is still not sufficiently guaranteed by politics and economics. And as long as this is the case, in reality a number of women would continue to withdraw from working life after starting a family.

Info 3, March 9th, 2021, 12:00 p.m.

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  • Commentary by Angela Fischli (Angela Fischli)
    Mrs. Grieder. It's not really about whether a housewife helps, but when men (as in the case of my son) don't get any help from the authorities. If a man leaves his wife / girlfriend alone with two children, she receives support. My son's children would have been taken away, since the two were not married and he was "only" a father. There should also be equality and help should be expected
    Agree agree to the comment
    1. answer from Mona Grieder (papaver)
      Yes, of course, I agree with you. Personally, I am of the opinion that under no circumstances should you have to marry for reasons of civil law, just so that both parents are equal. Thirty years ago, the guardianship authority intervened as soon as the first child was there for "cohabiting". One reason why emancipated female students got married back then. Against all resolutions. Conclusion: marriage creates idiotic dependencies and technical constraints.
      Agree agree to the comment
    2. answer from Joe McClane (Joe McClane)
      @ Mona Grieder: I would have liked to have had children. But with the circumstances described by you in the conclusion? Absolutely no way. I'm really too good for that.
      Agree agree to the comment
    3. answer from Mona Grieder (papaver)
      @Joe
      What is the reason to decide against having children? Again: Mothers should not be allowed to work for free, they should build up their own 2nd and 3rd pillars independently of the child's father, and marital status should not offer any special privileges or disadvantages. You can safely have children, the days of guardianship authorities for "unmarried" mothers in cohabitation are long gone. Work 60% as a father and take care of "your" wife. Finished.
      Agree agree to the comment
    4. Show answers
  • Comment from Angela Nussbaumer (Angela N.)
    OK. You can do it. As soon as ... women receive the same wages as men for the same work AND it is stipulated by law that people over 45 with less work experience must also be hired.
    You have to see the whole spectrum and cover ALL aspects if you want to launch a new law. The reality is not as rosy as one might think based on the comments below.
    Agree agree to the comment
    1. answer from Sanne Marc (Suze)
      100% same opinion !!!
      Agree agree to the comment
    2. answer from Ueli Lang (weekly resident)
      Is actually the case if you include all the consequences of the individual decisions of the people concerned. Anyone who interrupts their career or has decided to choose a job that serves as a time-waster until marriage, so to speak, only works 80%, is relatively inflexible because the children have to be brought up, which one has decided to do, cannot expect that he will be treated in the same way as someone who achieves more, works longer, etc.!
      Agree agree to the comment
    3. Show answers
  • Comment from Sue Stauber (Suze)
    When I read the comments like this I wonder who has ever had problems in this regard ...? Equal rights yes, but then in general ...! Doesn't work at all if you think about it, or have men already given birth to children? Or how many housewives do you know with childcare? I don’t give anyone ... a shame ...! This judgment of the federal court hurts me, especially for all the women and mothers who were simply there for the family and often also the family company (without wages) ...
    Agree agree to the comment
    1. answer from Mona Grieder (papaver)
      Merci! Above all, one should consider who wants to separate from whom after 50 after a life-defining marriage? The men in the second spring or the women who knowingly drift into financial precariousness after work and children who have flown out just to enjoy "freedom"? Above all, I don't understand who is talking about care work here? For older women, it's probably about grandma work. Dad is often busy with Pampers again. Not with grandchildren, nota bene.
      Agree agree to the comment
    2. answer from Manuela Fitzi (Mano)
      Ms. Grieder, if your thesis is so well known, then I definitely don't understand the Swiss women why they give themselves to the total financial dependence on Mr. Schweizer under these circumstances. If the situation were so hopeless, mummies would return to the world of work sooner, I think ...
      Agree agree to the comment
    3. answer from Shane O'Neill (Diddleydoo)
      Is it unfair to ask women to take responsibility for themselves?

      I beg your pardon?
      Agree agree to the comment
    4. Show answers

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