With ruling n. 789/2017, the Supreme Court had clarified what was already confirmed by jurisprudence: in the field of alimony, the Court must  assess the actual woman’s work attitude, because her real and concrete (and not just hypothetical) ability to work is needed.

In judgment is specified that, regarding the separation of the spouses, some elements must be evaluated in order to quantify the alimony: for example, the earning capacity of the ex spouse.

It is also necessary to consider any ex wife’s income: the monthly fee of an owned apartment, for example, exonerate her ex-husband, because she has a source for her livelihood.