Alimony and child-support constitute the legal instruments through which former spouses characterise their relationship after marital separation or divorce. Specifically, Alimony is a legal obligation on one of the spouses to provide financial support to the other spouse.  However, such obligation does not last forever. In fact, the Judge needs to evaluate all those conditions that justify such relevant economic burden.

According to Italian Court of Cassation, the former spouse is no longer entitled to alimony payment in the event he/she is involved in a new stable relationship. The ordinance n.22604/2020 has established the orientation according to which the former spouse that has started a new stable relationship ( civil partnership) with another individual.

The Court of Cassation has recognised the controversial interpretation of first instance tribunal in terms of motivation of alimony payment. In fact, the Court of Cassation denied first instance court orientation and it declares that the former spouse has entered into a stable relationship characterised by frequent cohabitation periods. Moreover, the relationship was official and characterised by sentimental bond.

According to these circumstances, the Court recognised the interpretative mistake about the stability of a relationship and It established that the former spouse was in a civil partnership. Therefore, alimony shall be suspended accordingly to the presence of another stable relationship that denies the very existence of alimony instrument.

Should you need advice or assistance in alimony-based matters, please do not hesitate to contact us. VGS professionals have achieved brilliant results in terms of divorce and separation alimony agreement. Please use the chat-box or the form you can find in this page.