Alimony in the event of divorce is a regular or lump-sum property grant that is granted in favor of the so-called “supporting” spouse in the event of a divorce.
Since its founding in 1970, it has undergone significant change until today.
While in the past the criterion for the judges’ decisions was the standard of living maintained during the marriage, with a high standard of living inevitably being accompanied by generous divorce maintenance, the current parameter is evaluated and today represents a fundamental criterion in the discussion of divorce maintenance, is the financial independence of the applicant spouse.
If the requesting party iis not financially self-sufficient, It is assessed whether this situation is not due to a personal decision or special circumstances, which may also relate to decisions taken to support the professional career of the other spouse during married life. Once this is resolved, divorce alimony may or may not be considered.
Support and compensatory divorce maintenance
Divorce maintenance must be justified by an intention to provide assistance and “equitable justice.”
A person who has sacrificed his career prospects for the family and contributed to the success of the other spouse deserves financial recognition for his efforts or the sacrifices he has made during married life.
Divorce maintenance: The first judgment of the new era
A new perspective on considerations of divorce maintenance emerged with judgment no. 11504 of May 10, 2017, dated Court of Cassation, The idea that a wealthy spouse should continue to help maintain the ex-spouse’s high standard of living is effectively abandoned.
The economically stronger spouse is not obliged to maintain the standard of living that existed during the marriage.
A little over a year later the… Court of Cassation reaffirmed this concept, this time in a joint decision Judgment No. 18287/2018.
The ex-spouse can be granted divorce maintenance if they are dependent on help or can prove that they are entitled to economic support based on their contribution to the life of the family and to the formation of joint assets, taking into account the sacrificed professional prospects.
With the divorce decree, all marital relationships, both personal and economic, expire. The situation is different with separation without dissolution of the marriage bond, in which not all marital obligations are abolished (Article 143 of the Civil Code).
Divorce maintenance: Further regulations
Case law teaches us that there can be different cases behind the same application and that judges must of course base their final decision on the specific case, taking into account common criteria.
For example, in Resolution No. 25646 In a petition filed on September 22, 2021, the Court of Cassation denied a woman the divorce maintenance she had requested ten years after the separation.
During the separation, she had not submitted any requests for maintenance payments for a long period of time and had shown no need for financial support, which suggests independence and financial independence. She also owned a house that she purchased with the proceeds from the sale of her former marital home.
Regarding the right to divorce maintenance for professional reasons In the case of sacrifice during marriage, the Supreme Court emphasizes that it is the responsibility of the party demanding maintenance to specifically state and prove this in the case
Judgment No. 17144/2023 published on June 15, 2023.
In this particular case, it was held that the ex-wife was not entitled to divorce support because she did not provide evidence of lost employment opportunities during her marriage.
The Court of Appeal in Rome was forced by cassation to consider the case of a retired Roman civil servant who appealed against the obligation to pay 100 euros per month to the ex-wife because she had begun to receive a pension of more than 1000 Euros to be obtained in the meantime.
When does the right to divorce maintenance expire?
Since divorce maintenance has an “auxiliary and compensatory function”, it can be granted if someone does not have the means to lead a dignified life and cannot secure this for objective reasons. It is not owed if the spouse refuses to work or has sufficient income to support yourself.
Rejecting a serious and stable job offer without a valid reason would also lead to the loss of divorce support.
Divorce maintenance can also be waived if the recipient remarries.
What is the difference between alimony and divorce alimony?
When two spouses separate, regardless of whether they have children or not, different types of contributions come into play that one can make to the other, depending on their financial circumstances, specific wishes and the decisions of the courts.
Alimony payments remains unaffected by the decisions of the Court of Cassation on divorce maintenance.
This amount is paid from one spouse to the other in the period after the separation and before the divorce, as long as there is still a connection between the spouses.
separation ends the duties of coexistence and loyalty, but not the duty of mutual assistance.
After the divorce According to the ruling, any type of alimony can be reviewed, modified or canceled due to changed circumstances.
Changes to the provisions regarding the amount and type of support can only be requested if there are legitimate reasons for the decision. It is necessary to provide documents proving that the financial circumstances of the former spouses have changed.
In the event of an appeal, the current situation of the ex-spouses should be assessed, not that which existed at the time of the alimony allocation.
to receive divorce supportthe distinguishing feature must be demonstration the inability to support oneself economicallyfor reasons beyond one’s control.
To better understand the differences between the various forms of support, we refer you to our guide on maintenance, separation and divorce maintenance.
The content of this article is intended to provide a general guide to the topic. Specialist advice should be sought regarding your specific circumstances.
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