In Italy, spousal maintenance is an unwaivable right which is not subject to time limitation. Spousal maintenance constitutes spouses’ obligation to provide an economic support to the spouse who – for objective reasons – is not able to take care for himself/herself. According to the Italian legislation n.898/1970, divorce proceedings sentence also includes the amount of such mutual assistance that is normally based on several parameters such as both spouse income, divorce reasons and duration of marriage. However, other contextual parameters also apply to spousal maintenance quantification. For instance, the judge shall take into consideration whether or not, the spouse is able to avail any professional qualification. In such case, the court shall assess what are the reasons that prevent the spouse to enter in the labour market.
Italian Court of Cassation decision no. 31359/2019 affirms that alimony quantification shall take into consideration claimant’s contribution to family life. In details, the Courts has granted claimant’s appeal based on the fact that she sacrificed her career for family reasons.
Court’s decision is justified by a more careful analysis of spouses’ economic condition. In fact, the economic difference between spouses’ income must be observed under the lens of family life contributions. In detail, such difference of income is also due to the fact that the former wife could not develop her career because of her dedication to family life. Subsequently, spouse contribution and dedication to family life constitute a relevant parameter for alimony and spousal maintenance quantification.
VGS lawyers professional are able to provide you family law assistance in alimony and spousal maintenance matters. Our lawyers have undertaken several alimony cases achieving remarkable results. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.