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Italian alimony and spouses’ economic condition

  • by VGS' Editorial Board
  • 25 May 2020
  • Comments (0)

The dissolution of marriage consists in the termination of the marital union. World-wide divorce laws entails the reorganisation of legal duties and responsibilities also including issues regarding redistribution of property, child custody and support, alimony, and visiting rights. However, depending on the cultural background, each jurisdiction may implement a different approach to marriage termination and subsequent duties and responsibilities.

Alimony constitutes that legal obligation to provide financial support to their spouse before or after separation or divorce. The determination of alimony varies greatly from jurisdiction to jurisdiction. As a general principle, both spouses have the right for generally equal standard of living during the marriage. In the context of the evaluation of spouses’ economic situations, Courts would have analysed the adequacy of the livelihood of the spouse who requests alimony according to the real economic capacity of the spouses. This means that the wife could rely on alimony, which will be parameterized based on her economic need in case she is not able to be economically self-sufficient  

 

Italian Court of Cassation has confirmed that in the context of alimony, the Judge needs to take into consideration wife’s changed economic condition. Ordinance No. 7230/2020 include court’s decision about alimony determination for a woman whose economic condition improved due to a promotion. The judge evaluated the new economic conditions while reducing the amount of alimony.

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