The divorce allowance represents a topic of great importance and complexity in Italian family law. It is essential to fully understand its definition, the regulatory framework governing it, the prerequisites for its granting, and the recent jurisprudential developments introduced by the Court of Cassation.
The divorce allowance is a financial contribution that one spouse may be required to pay to the other following the dissolution of the marriage. Its primary function is to ensure economic support to the spouse who finds themselves in a more disadvantaged economic situation after the divorce.
Italian law regulates the divorce allowance within Law No. 898 of 1970, which establishes the criteria for its determination. Among the factors considered are the duration of the marriage, the economic conditions of the spouses, and each spouse's contribution to the family welfare.
The prerequisites for granting the divorce allowance include:
The jurisprudence of the Court of Cassation has recently introduced significant innovations regarding the divorce allowance. In particular, the importance of evaluating not only the standard of living maintained during the marriage but also the economic self-sufficiency of the requesting spouse has been emphasized. This approach aims to make the granting of the allowance fairer and more aligned with reality, taking into account the actual capabilities and resources of each spouse.
"The assessment of the economic capacity and self-sufficiency of the requesting spouse is essential for a fair determination of the divorce allowance," states the Court of Cassation.
These jurisprudential innovations require careful legal analysis to ensure that the rights of both parties are adequately protected.
If you wish to further explore the topic or need personalized legal assistance regarding the divorce allowance, do not hesitate to contact the Bianucci Law Firm. Attorney Marco Bianucci and his team of experts are at your disposal to provide you with the necessary support in this delicate matter.