According to the Italian Court of Cassation, in the event the Court assesses alimony was not legally due, the recipient must repay the amount received

This was the principle applied by the Italian Court in relation to alimony procedure in the context of divorce. Specifically, the recipient must return the total amount (since the payment of the alimony)  plus any unpaid interest due. This means that the reassessment of alimony and the “no right” to the payment is able to cover the whole alimony period, rather than only the period after  the decision about the “non right” to the payment.

The ordinance n. 28646/2021 takes place in the traditional context of a Sentence confirming the termination of the civil effects of marriage while recognising a payment (Alimony) in favour of the former wife. This payment had the purpose of ensuring the same standard of living experienced during the marriage. The former husband appealed this decision and the Court accepted his appeal. However, before amending the amount, the Court of Appeal shall first reassess the eligibility for the alimony payment.  

Based on this, the Court of Appeal revoked the alimony in favour of the former wife while also convicting her to return the whole amount already perceived since 2017, plus any unpaid interest due. According to Court’s opinion, the wife had all the economic tools to live a decent and decorous life.

It is relevant to notice that, in the event a court decision ascertains the lack of eligibility to alimony payment, such payment is “not due” since the moment the payment has been decided. Subsequently, the former wife shall return the money sha has been perceived for the last 4 years.