Does the wife keep her husband’s surname after divorce?
For the Supreme Court, the husband’s surname can be kept after divorce when there is an interest worthy of protection. Article 143 bis of our Civil Code establishes that the wife adds that of her husband to her surname and keeps it even during her widowhood until she passes to a new marriage. However, this […]
Italian spouse’s inheritance rights: an overview
According to art.540 Italian Civil Code, the surviving spouse has the right to a share of the heritage. In addition, the spouse has dwelling rights over the family home and the right to use furniture that characterised the family house. According to Italian Law, the surviving spouse is one of those parties who is entitled […]
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 Alimony and Moral Damages
If the former spouse fails to pay the alimony, he or she may be liable to compensate the other spouse for the damages caused by this failure. This principle has been recently confirmed by judgement no. 17144/2018 of the Court of Rome. The case involved a couple of former spouses, whose husband had repeatedly missed […]
Alimony and Tax Return
Alimony is an economic emolument, consisting of a sum of money paid to the weaker spouse (financially weaker) or in the form of financial support for children. Generally speaking, the amount is generally determined by the court, so it is natural to ask whether the alimony should be indicated in the tax return or not.To […]