Italian alimony and cohabitation outside marriage
According to Italian Cassation Court, the presence of a new stable cohabitation with another subject justifies the withdrawing of alimony legal obligation. With the ordinance N. 22064/2020, the Italian Supreme Court confirms that a new stable cohabitation, characterised by economic and moral assistance denies alimony requirements.
The Italian Cassation Court has overturned previous Court of Appeal decision which confirmed the alimony payment in favour of the former wife while denying the revocation of the assignment of the matrimonial home. Therefore, the former husband appealed such decision by claiming that the Court did not properly interpreted the concept of domestic partnership without analysing the moral and economic assistance the former wife was receiving during alimony.
The Cassation Court confirmed that once is demonstrated the stable character of a stable cohabitation, alimony requirements stop to operate. In this case, Court of Appeal decision is inconsistent because it recognises a consolidated relationship with another man while denying this is characterised by stability and continuity.