Ordinance No. 12576/2021 of the Court of Cassation represents a turning point in the analysis of the relationship between damage compensation and alimony. This decision of the Court of Cassation has helped clarify how the two institutions can interact and influence each other in contexts of separation and divorce.
Damage compensation in the family context refers to the right of a spouse to receive compensation for the damages suffered due to the wrongful behavior of the other spouse. This can include moral, biological, or property damages. The ordinance emphasized the importance of considering such compensations in the context of divorce negotiations.
Alimony is a sum of money that one spouse may be required to pay the other following a divorce, to ensure an adequate standard of living. This instrument aims to rebalance the economic disparities created at the end of the marriage.
Ordinance No. 12576/2021 clarifies that damage compensation can affect the amount of alimony. In particular, if one spouse receives significant compensation, this could be considered in determining the alimony, potentially reducing its amount. Here are some key points to consider:
The integration between damage compensation and alimony requires careful case-by-case evaluation, considering the specific circumstances of each divorce.
Understanding the dynamics between damage compensation and alimony is essential for effectively addressing legal issues related to divorce. If you are going through a divorce and want to clarify how these aspects may impact your personal situation, the team of experts at the Bianucci Law Firm is ready to provide you with the necessary assistance. Contact us for a personalized consultation.