Italian Divorce and alimony to the foreign spouse: a brief outline
According to the Italian legislation, alimony is spouses’ right which is not subject to time limitation. Spousal alimony constitutes spouses’ obligation to provide an economic support to the spouse who – for objective reasons – is not able to take care for himself/herself. Alimony quantification is also a relevant step and it shall be based on several parameters that are assessed by judges. Judges usually take into consideration marriage duration, both spouses’ income, reasons of the divorce and any other elements that may influence the amount of spousal maintenance.
Italian Court of Cassation has dismissed the appeal lodged by one of the spouse against the obligation to pay alimony to the former foreign spouse. In the present case, the Court has assessed the marriage condition and it decided in favour of the foreign spouse. In fact, the evidences showed that the foreign woman left her country to follow the husband and she was totally dedicated to satisfy family and child’s needs. Under this circumstance, alimony quantification look absolutely in line with the principles of the sentence No. 18287/2018. In this last sentence, alimony has an equalisation purpose and a compensatory nature.
The Italian Court also confirmed that alimony final purpose is the achievement of a certain level of income that shall be adequate to the contribution given to family life. In particular, the court has assessed the following aspects:
– Woman’s income was lower than on third of husband’s income;
– The woman left her Country to live with the husband;
– The woman was dedicated to family and son’s needs till 2008;
– After separation, the woman found a new apartment to live while still working and ensuring the maintenance of her son.
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