If the marriage has not lasted long and the spouse is young and working, then in the event of a divorce, alimony may be not assigned. According to the recent ruling of the Italian Supreme Court, the factors to be considered in order to recognize the assignment of alimony to the spouse are several:
- The young age of the spouse;
- The work activity;
- The short duration of the marriage;
- The absence of evidence in relation to the previous life standard.
The case-law involves a wife who complains, before the court that the income capacity and income inequality between the two spouses have not been assessed. According to the Court, however, on the basis of logical-legal reasoning, the factor that the spouse is working and is especially young corresponds to her real capacity to generate income. Moreover, the factor of the objective short duration of marriage is also crucial.
In the case of cross-border or Italian divorce may we recommend to make it through an experienced lawyer who can defend your rights in relation to the consequences of divorce. VGS Lawyers have extensive experience in the field of Italian and cross border divorces and they will protect your interests and rights.