Questione giuridica chiave
Whether a hypothetical higher income could be imputed to the divorced husband for maintenance purposes under Art. 125 CC.
Decisione estratta
No. The husband's age, cardiac condition, work limitations, and stable current employment made it unreasonable to assume a better-paid job was realistically available.
Motivazione estratta
The court held that while the legal question is whether higher income can reasonably be required, the factual question is whether it is actually attainable. On the admitted facts, the cantonal finding that chances of a better-paid position were slight to nonexistent was not arbitrary.