Question juridique clé
How should divorce alimony under Art. 152 CC be assessed, and may the court take into account a foreseeable future decline in the wife's earning capacity?
Solution extraite
The court must fix alimony on the basis of the parties' situation at the time of the divorce. It may also anticipate a certain future event and set the pension accordingly, including by considering an expected decrease in the wife's earning capacity.
Motifs extraits
A pension set in the divorce judgment cannot later be increased by a subsequent decision, but may only be reduced or abolished under Art. 153 para. 2 CC. However, the divorce court may already order a higher amount to apply if a certain event will certainly occur according to the circumstances; a fortiori it may anticipate a likely future reduction in the wife's earning capacity and fix an appropriate pension from the outset.