Spousal Maintenance for Ex-Spouse Devoted to Children’s Care
According to the Court of Cassation, spousal maintenance is granted to the ex-spouse who dedicated themselves to the care and education of the children and is therefore unable to engage in employment. The compensatory and equalizing functions of spousal maintenance. Spousal maintenance is awarded to the ex-spouse based on their contribution to the accumulation of […]
Duration of Marriage and Alimony
The duration of marriage can impact alimony in cases of separation and divorce. The Court of Cassation has shed light on this matter, addressing whether a short-lived marriage entitles the lower-earning spouse to financial support after separation. Alimony is awarded upon separation and replaced by divorce alimony upon divorce. The criteria for calculating these measures […]
New Italian Supreme Court ruling: Long-Term Relationships Without Cohabitation Can Result in Termination of Divorce Alimony
According to the recent ruling of the Italian Supreme Court (Cassazione), a stable and long-lasting relationship with another partner, even without cohabitation, can lead to the termination of the right to receive divorce alimony. In the case at hand, the Court rejected an appeal from an ex-wife who had been denied the alimony by the […]
Italian Supreme Court: ex-wife loses alimony due to luxurious spending.
In compliance with the 2018 Joint Sections ruling, the monthly divorce allowance of 100 euros granted to the ex-spouse has been revoked due to her unnecessary expenses, as shown in the account statements. The ex-wife loses the divorce allowance of 100 euros awarded to her in the first instance and then revoked on appeal, as […]
Short marriage: is separation/divorce allowance due?
Short marriage: is separation/divorce allowance due? In the case of a short marriage with no children, is separation/divorce allowance still due? The question may seem obvious, and at first you might be tempted to answer: definitely not. But in reality, things are not so simple and the judgement to be made is a little more […]