Welcome to immigrationboards.com!
probably you are right with that, but then that is not a FLR(m) application, so i do not know what the lawyer is on about. Furthermore even if you are not divorce, if you have been in a relationship for 2 years, she may qualify.
Her rights under the EU rules remain in tact until the date her decree absolute is granted by the courts. Nothing changes in this respect until she is officially divorced, so your 'solicitor' is wrong in stating she should have left when they split.The visa says ‘Residence Card of a Family Member of an EEA National Remarks Employment and Business Activities Allowed’ – I had just assumed this was marriage visa (I’m on a steep learning curve!) – her ex is Italian national – does all this make any difference?
Not change needed.