No Alimony Without “Evidence”

The Piacenza court has stated that the divorce allowance is not due in the event of the requesting spouse’s failure to meet the burden of proof.
No alimony in case of failure to meet the burden of proof by the requesting spouse.

This was established by the Piacenza court with a ruling on June 4, 2024.

For the court, the request for a divorce allowance to be granted to a spouse should be rejected if the applicant is unable to prove:

• what the economic and asset conditions of each spouse were;
• if the significant imbalance eventually ascertained could be attributed to the “choices made and shared in managing family life during the marriage, with the sacrifice of professional and income expectations of one party in favor of a leading role within the family,” taking into account the factor related to the duration of the marriage, as well as the age of the applicant;
• whether the potential significant economic imbalance, causally connected to choices and sacrifices made during cohabitation in the interest of the family, could be overcome through “the recovery or consolidation of one’s professional activity in relation to the age of the applicant and the concrete opportunities offered by the labor market” or whether, instead, it is an “irreversible” imbalance, with the applicant having to prove their inability to overcome the imbalance.

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