When facing the end of a marriage, one of the most delicate and debated issues concerns the determination of the divorce alimony. It is not just about analyzing the current incomes of the parties, but about understanding an increasingly relevant legal concept: potential earning capacity, or potential earnings. As a divorce lawyer in Milan, Avv. Marco Bianucci daily observes how this factor can overturn the outcome of a case, decisively influencing the right to receive financial support or the obligation to pay it.

The Concept of Earning Capacity in Family Law

Italian jurisprudence, particularly after the rulings of the United Sections of the Court of Cassation in 2018, has redefined the criteria for awarding divorce alimony. The court does not merely verify if the requesting spouse is without means, but assesses whether this lack is due to a real inability to obtain them or a personal choice. This is where the concept of specific earning capacity comes into play. If the spouse has a degree, an adequate working age, and sound psychophysical health, the judge may consider that they have earning potential, even if they are currently unemployed. This means that alimony could be denied or reduced, based not on what the person actually earns, but on how much they could earn by actively entering the job market.

The Bianucci Law Firm's Approach to Potential Earnings

Avv. Marco Bianucci, an expert in family law in Milan, adopts a rigorous analytical and evidentiary approach in these situations. It is not enough to state that a spouse has a degree to automatically infer that they can work; it is necessary to contextualize this qualification within the current job market. The firm's strategy differs depending on the client, always focusing on the concrete facts. When the firm assists the spouse obligated to pay, the goal is to demonstrate that the other party possesses marketable skills and that any unemployment is the result of culpable inertia, using statistical data and market analysis to highlight the real job opportunities that have been ignored. Conversely, when Avv. Marco Bianucci defends the economically weaker spouse, the defense focuses on demonstrating the objective impossibility of finding re-employment, perhaps due to advanced age or a long absence from the workforce to dedicate oneself to the family, factors that make potential earnings purely theoretical and unachievable.

Frequently Asked Questions

If I have a degree but don't work, am I entitled to divorce alimony?

Having a degree is an indicator of earning capacity, but it does not automatically exclude the right to alimony. The judge will consider age, the time elapsed since obtaining the degree, and the actual employment opportunities in the current market. If the degree is obsolete or the market is saturated, earning capacity may be considered null or reduced.

How is the potential earning capacity of the ex-spouse demonstrated?

To demonstrate that the ex-spouse could work, concrete evidence must be provided. This may include presenting job offers compatible with their profile, employment statistics in their field, or proof that they have refused job opportunities without just cause.

Does age affect the evaluation of potential earnings?

Absolutely. Age is one of the main factors that courts consider when evaluating professional re-employability. Generally, after the age of 45-50, jurisprudence tends to recognize greater difficulties in finding new employment, making potential earning capacity less impactful on the calculation of alimony.

What happens if I refuse job offers during separation?

Refusing suitable job offers without valid justification can be viewed very negatively by the judge. Such behavior can be interpreted as a lack of willingness to become self-sufficient, leading to the reduction or revocation of divorce alimony based precisely on the income that could have been earned.

Legal Advice for Divorce Alimony in Milan

The correct assessment of earning capacity is crucial to ensure fair divorce alimony, which does not become a parasitic income nor leaves those who sacrificed their careers for the family unprotected. If you are going through a separation and want to understand how your qualifications or those of your spouse will affect economic conditions, an in-depth analysis of the specific case is essential. Avv. Marco Bianucci awaits you at the office at Via Alberto da Giussano, 26 in Milan, to examine your situation and define the most suitable strategy to protect your economic future.