Supreme Court, No 1136/2003: Decision on appeal of our office, which overturned the case-law of Greek Courts.
The calculation of the amount of maintenance to which the surviving spouse is entitled does not require the application of a specific mathematical calculation and the citation in the decision of mathematical operations, but the court determines this amount based on the forces of the spouses, which includes the valuation of contributions, personal services. In particular, the mathematical method does not meet the above purpose of the equal contribution of the spouses, in which the amount of maintenance to which the surviving spouse is entitled is equal to the difference that arises, if from the amount in which the liable spouse participates in the coverage of the needs of the beneficiary, deduct the amount by which the beneficiary participates in the coverage of the needs of the obligor. This is because it leads to unfair results to the detriment of one of the two spouses.
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Published in the journal Chronicles of Private Law, volume 2004, page 518.
