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 […]
Can the former wife live in the family house with her new partner?
The assignment of the marital home to the spouse with whom the children live, in the aftermath of the separation or divorce judgment, is always crucial and core of numerous controversies. A major issue is to the possibility of hosting, within the property, third parties and, in particular, a possible new partner. When the family […]
Child Custody in Italy: the minor may be placed with the father
When it comes to separation it is almost natural to think of the mother as the one best suited to take care of the growth of minor children and the management of their daily activities, from school commitments to afternoon activities. Not all times, however, the mother-child relationship remains serene as it should, indeed, many […]
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 the – not due – alimony
According to the Italian Court of Cassation, in the event the Court assesses alimony was not legally due, the recipient must repay the amount received This was the principle applied by the Italian Court in relation to alimony procedure in the context of divorce. Specifically, the recipient must return the total amount (since the payment […]