In the typical case of a working husband and a housewife, I have seen that the housewife is very protected, by Swiss law....does it apply also in the other case?
Situation: husband unemployed and wife employed
Age (50 m, 40 f), married for 15 years, both EU citizen with C permit
Consensual separation before divorcing
Child: 9 yo, will live with mom, shared care during the week
- Is the husband entitled to receive financial support from the wife (until he does not earn a salary) or they both split assets in two (property, cash etc) and goodbye?
- what is the case if the assets are not enough for the husband to live with?
so, do I understand correctly, there is an asimmetry in the law: if the wife does not earn, she is entitled to receive alimony, if the husband does not work, he has to use his assets until he goes on the road?
I'd try to get some legal advice. I don't think it will be quite so clear cut. The default position is for joint custody and for you both to pool your incomes then share it out 50/50 depending on fixed costs. If either of you don't want a divorce that can be the situation for 3 years. After that it's all negotiable.. and failing that it's decided by a court.
I also understand you're not a houseman in that sense, but (presumably temporarily) unemployed.
Also no difference whether the divorce is consensual or not. Not that I know of anyway, and not from a strictly legal standpoint. You're free to agree whatever you want outside of the minimum requirements of the law. Better put anything in writing though, that "consensual" tends to become a bit less consensual when it's about money.
It is not that I do NOT want to work, I simply can't find a new job!
I was laid off (company bought by a bigger one, restructuring costs, etc) and since 1.5 years I have tried to find a new job, but in this specific economical situation and being almost 50 it is not that easy.
As soon as I was unemployed the new condition brought additional tension (quite typically) to the relationship between my wife and myself, so now we have started speaking about divorce.
My question, in essence, is whether it is lawful/just that when one partner looses his/her sustain, the other can just drop him/her off, or there are some obligations towards the spouse who is in economical distress (irrelevant on who has got the custody of the child)
In the more typical case of a working husband and a housewife, in case of divorce the husband has to pay an alimony also to the wife, not only to the eventual children.
It seems that the reverse case does not apply, so if my wife (who earns a very good salary) and I (currently unemployed) will divorce, if I won't have found a job in the meanwhile, I will have either to emigrate to a country where I can survive with my 2nd pillar savings or to become a beggar.
Based on your comments, I understand that all this might be lawful, but I simply don't find it just.
Ya house would be the key in there - if you had give up your career and spent the last 9 years looking after your daughter and the household you'd be in the same situation as the typical housewife who receives alimony. But you are not comparing like with like.
None what so ever, legally, you can divorce when you want to and the terms and conditions will be set by a judge unless you have an agreement with your ex for an amicable settlement that protects all parties concerned (kids) and is acceptable to a judge.
Morally, not very nice, but then their are sure to be other factors that are precipitating the divorce too.