Alimony vs Divorce Allowance
The divorce allowance is the potential obligation of one of the spouses to pay the other one a sum of money, either periodically or in a lump sum, determined by the Court on the basis of legal criteria, as a legal consequence of the divorce. The legislation of divorce is set forth by Law no. […]
Divorce. How to quantify the alimony
The Joint Chambers of the Italian Supreme Court have recently established the criteria upon which the allowance has to be quantified in a divorce proceeding (SS. UU. Judgement of July 11, 2018, no. 18287). In order to calculate the divorce allowance referred to in Article 5 of the L. 1 December 1970, n. 898, it is […]
Marital betrayal and consequences on the alimony under Italian Law
Fidelity is one of the conjugal duties that arise from marriage, as shown in art. 143 of the Italian Civil Code, in the event of marital betrayal, pursuant to Italian Law the guilty spouse will not automatically lose the right to alimony. Marital infidelity under Italian Law Those who decide to get married must know […]
Italian Divorce: new former wife’s cohabitation does not exclude alimony
The Italian Court of Cassation has stated (Sentence N. 32198/2021) that in the event former wife has started a domestic partnership with another man, she is still entitled to alimony as they serve a compensation purpose. According to the Italian Law, alimony in favour of the former spouse may cease only in the event the […]
Italian divorce and professional life: does the former partner have right to Alimony?
With the purpose of establishing alimony within a divorce proceeding, Italian Cassation Court confirms that you need to take into consideration former wife’s sacrifice of her professional life expectations. Especially when such sacrifice took place with the purpose of prioritize former husband’s professional life. In the context of alimony evaluation, judge needs to take into […]