Maintenance in Civil Union Separation under Italian Law
In Italy, civil unions offer legal recognition for same-sex couples, granting them rights and obligations similar to those in marriage. A frequent question in case of separation is whether maintenance is required. According to Italian law, the wealthier partner may be obligated to pay maintenance if there is a significant income disparity and if the economically weaker party cannot provide for themselves due to objective reasons.
The Italian Civil Code and Law 76/2016, which governs civil unions, establish that maintenance is owed under specific conditions. The court evaluates several factors before awarding maintenance: the duration of the union, the contribution of each partner to the family and the joint or personal wealth accumulated, and the income of both parties. This process closely mirrors the criteria used in divorce cases under Italian law.
In civil union separations, maintenance serves an assistenziale, compensatory, and equitable function, ensuring financial support where needed. The amount is calculated considering any previous cohabitation before the official establishment of the civil union, if that period reflects the same characteristics as the civil union itself.
Furthermore, the maintenance obligation ends if the recipient enters a new civil union or marriage. The principle of fairness is applied throughout, ensuring that the economically stronger party provides adequate support where justified.
Italian courts, including the Cassation Court, have reaffirmed that the same rules applied to divorces are valid in civil union separations. Therefore, if both partners are financially self-sufficient, no maintenance is due, and the presence of children from prior relationships does not affect this obligation. The court ensures that maintenance protects the weaker party while balancing the rights and responsibilities of both individuals.
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