No alimony for short marriage
If the marriage has not lasted long and the spouse is young and working, then in the event of a divorce, alimony may be not assigned. According to the recent ruling of the Italian Supreme Court, the factors to be considered in order to recognize the assignment of alimony to the spouse are several: The […]
Divorce allowance and burden of proof
According to the recent ruling of the Italian Supreme Court, the spouse applying for the divorce allowance has the burden of proving the lack of an adequate income. The divorce allowance does not only aim at restoring the previous standard of living during the marriage, but the divorce allowance must also be sufficient for an […]
Alimony from siblings
The Italian law (Article 433 of the Italian Civil Code) establishes that the obligation to pay the alimony, claimed by indigent family members, can be asked also to siblings. The law provides for certain requirements in order to obtain the alimony: The state of need: it is necessary to demonstrate that you are indigent and […]
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 […]