Italian alimony and spouse’s inheritance
Alimony is one of the undesired consequences of unsuccessful marital relationships. According to main jurisdictions, alimony is a legal obligation that takes the form of spousal economic support before or after marital separation or divorce.
Italian Law has recently confirmed that alimony amount shall be assessed based on several parameters including also the duration of the marriage, spouse’s economic situation and any other factors that may influence their economic situation. Specifically, the Italian Court of Cassation (Ordinance No. 10647/2020) stated that alimony shall be reduced in the light of factors such as living in an owned dwelling and being inheritance beneficiary.
The Court of Cassation upheld the appeal of a former husband that submitted a request for official reduction of alimony. In details, spouse’ action was based on the following points:
– Alimony amount did not follow standard quantification parameters. In fact, the former wife never contributed to family expenditures. In addition, no children have born from the marriage and the woman lives in an owned dwelling with a substantial economic support coming from inheritance;
– The spouse is now married with another woman;
– The former wife is about to have access to her retirement pension scheme.
Based on previous parameters, Court of Cassation stated that due to the shift of economic parameters, alimony needed to be rearranged in favour of the former husband.
VGS professional are able to assist you in every stage of your alimony proceeding. Our lawyers have achieved brilliant results negotiating the best condition for our clients. 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.