Alimony and spousal maintenance in Italy
In Italy, spousal maintenance is an unwaivable right which is not subject to time limitation. Spousal maintenance constitutes spouses’ obligation to provide an economic support to the spouse who – for objective reasons – is not able to take care for himself/herself. According to the Italian legislation n.898/1970, divorce proceedings sentence also includes the amount […]
Quantification of child maintenance in Italy
According to the art. 337 ter, section 4 of Civil Code, child maintenance first criteria is the so called direct maintenance. In such case, the economic assistance is not mediated by the provision of a periodical cheque. On the contrary, the spouse directly satisfies child’s needs and expectations with the purpose of establishing a collaborative […]
Italian medical malpractice liability: family members of the victim are entitled to compensation
Italian Court of Cassation has clarified that, in the event of liability for medical malpractice, compensation is also due to family members of the victim. In the present case, the Court had to assess compensation claim submitted by the spouse and sons of the victim, which suffered a debilitating clinical condition. First instance Court, once […]
Pending divorce in Italy: the spouse has been granted access to former husband bank documents
Italian administrative Court has clarified that, as long as divorce proceeding is still pending, the spouse is entitled to exercise the right of access to administrative documents according to the law N.241/1990. Then, it has been decided in favour of the appellant since she was claiming to have a legitimate and legal interest to access […]
Failure to pay child support: low standard of living does not constitute an exemption
According to the Italian Court of Cassation, low standard of living caused by temporary job problems does not dispense the spouse to pay for the child support. In details, sentence N. 48567/2019 confirmed that the spouse did not prove its inability to comply with child support duty. Moreover, during the period child support payment did […]