Spousal Support Calculation: Imputation of Hypothetical Rent Versus Actual Housing Contribution

In determining spousal support obligations under Article 137 of the Civil Code, the higher court reviewed the lower court's imputation of a hypothetical rent of CHF 200 because the payor resided with his mother, noting that unlike cases where hypothetical income is imputed to a non-earning spouse, the payor was already employed and could reasonably secure his own dwelling. The court reasoned that while a hypothetical rent must be symmetrically imputed to an employed person's actual living situation, the amount is discretionary, depending on economic factors, location, and case specifics, ultimately finding that the previously paid or stated contribution toward housing costs (CHF 900) was the appropriate, justifiable, and imputable rent for calculating the basic needs requirement.