Obligation to work

The obligation to work is a central element of Swiss matrimonial law, embodying the responsibility incumbent on each spouse to strive to ensure his or her own subsistence after separation.
This notion, deeply rooted in the philosophy of personal responsibility and autonomy, guides the Swiss approach to navigating the financial mazes that often arise in divorce.

Under Swiss law, marriage is seen as a collaborative union in which each party is invested with mutual responsibilities, including that of ensuring the financial well-being of the other.
Although divorce signifies the end of this union, it does not completely eliminate previously established financial obligations.
The obligation to work serves as a transition, encouraging each individual to make realistic efforts to support themselves while taking into account the shared financial history.

Unlike punishment, this principle aims to establish fairness and accountability in the process of regaining financial independence, highlighting the individual capabilities and opportunities available to each party.
This notion also has a significant influence on discussions about maintenance contributions, adjusting financial obligations according to each party’s ability and willingness to re-enter the job market.

Work obligation criteria

In the context of Swiss matrimonial law, the specificities that guide the obligation to work are finely nuanced, allowing for an adaptive application that takes individual circumstances into account.

A key factor in this assessment is the age of the individual.
People of a certain age, especially those approaching retirement, may encounter considerable obstacles when trying to find viable employment.
In such cases, job requirements can be adjusted, or even waived, to take account of reduced opportunities.

Health status is also a crucial element of assessment.
Medical conditions or disabilities that reduce the ability to work are carefully examined, modulating professional expectations according to the individual’s health.

In addition, consideration is given to professional qualifications and work experience.
It is essential that every individual should be able to seek a job that matches their level of skill and experience, avoiding situations where a person is forced to accept work well below their capabilities.

Family obligations, especially those concerning children, are also taken into account, recognizing that these responsibilities can seriously limit a person’s ability to work full-time or even part-time.

Link to maintenance contribution

In the Swiss legal landscape, the maintenance contribution functions as an essential tool for avoiding the pronounced financial imbalances that can arise after divorce.
This mechanism is deeply interconnected with the obligation to work, serving to balance economic disparities and promote a fair financial transition for both parties.

In the process of determining the maintenance contribution, various factors are taken into account, including the financial needs of each party, their state of health, and the length of the marriage.
The goal is to forge an agreement that encourages financial autonomy while recognizing and honoring mutual obligations that may remain after divorce.

The interaction between the contribution of maintenance and the obligation to work is complex but vital.
While the obligation to work promotes self-sufficiency, the maintenance contribution acts as a security mechanism, ensuring that the financial needs of each party are met, even when personal efforts prove insufficient.

This dynamic requires careful, individualized assessment, establishing allocations in a way that promotes fairness and justice.
This delicate task often requires the expertise of a specialist lawyer to navigate the complexities and ensure that rights and obligations are fairly allocated and respected.