After a separation, one of the most debated issues is financial support. Many people assume that the economically weaker spouse is always entitled to alimony, regardless of their situation. In reality, things are more balanced.
The law does aim to protect the weaker spouse and maintain, as far as possible, the standard of living enjoyed during the marriage. However, this right is not absolute.
A key principle now plays an important role: self-responsibility. If the person asking for support is able to work, the judge will take that into account. What matters is not only current income, but also potential earning capacity.
Does the Ability to Work Reduce Alimony?
Yes — it can.
Judges don’t just look at how much someone earns today. They also assess whether that person could realistically earn more by working.
This means evaluating:
- age and health
- skills and qualifications
- actual opportunities to enter the job market
However, the assessment must be concrete. Courts cannot rely on vague or unrealistic assumptions — there must be a real possibility of employment, not just a theoretical one.
When Is Alimony Granted?
To receive alimony, three conditions must all be met at the same time:
- The requesting spouse is not responsible for the separation
- They do not have sufficient income to support themselves
- There is a clear economic imbalance compared to the other spouse If even one of these is missing, the request can be denied.
How the Judge Evaluates the Other Spouse’s Wealth
The judge doesn’t stop at declared income. Instead, they look at the overall financial situation.
This includes not only earnings, but also indirect advantages. For example:
- Living rent-free with a new partner increases available income
- Owning property that could be rented or sold counts as potential wealth In other words, the court evaluates real economic capacity, not just what appears on paper.
What If One Spouse Worked for the Family for Free?
This is an important factor.
If one spouse contributed to the other’s business without proper pay or social security contributions, the judge will take this into account. That work:
- supported the family financially
- often came at the cost of personal career opportunities
Because of this, alimony may be granted or increased to compensate for past sacrifices, especially when those efforts benefited only the other spouse.
How the Amount Is Calculated (Practical Example)
To understand how courts balance things, imagine this situation:
- The ex-wife earns a modest income (e.g. part-time work) and owns a small property
- The ex-husband earns more and has fewer expenses (for example, living with a new partner)
There is still an economic gap, but the wife is not completely without resources.
In cases like this, alimony is usually reduced, not eliminated. It serves to rebalance the situation, not to fully support one spouse.
Who Pays Legal Costs?
Fault in the separation can also affect legal expenses.
If one spouse is found responsible for the breakdown of the marriage — for example, due to infidelity — the judge may order that person to pay the legal fees necessary.
So responsibility doesn’t just affect alimony, but also the overall economic outcome of the case.
VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com