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Private violence

Changing the entire lock of main house door may constitute private violence? Changing the lock of the entrance door with the intention of preventing spouse’s access may constitute an act of private violence. In fact, art. 610 Criminal Code states that “whoever, with violence or threat, force others to do, tolerate or omit something”. Then, […]

Alimony and Tax Return

Alimony and Tax Return

Alimony is an economic emolument, consisting of a sum of money paid to the weaker spouse (financially weaker) or in the form of financial support for children. Generally speaking, the amount is generally determined by the court, so it is natural to ask whether the alimony should be indicated in the tax return or not.To […]

Family Home assigned to the former spouse with daughter studying in another city.

Italian Supreme Court has confirmed the legitimacy of its decision about the assignment of family house to the former spouse who lives with the daughter who studies in another city which has maintained a strong connection with the place of residence.  In such case, the daughter was not economically independent. Then, Italian Court has recognised […]

Alimony payment increased if the spouse has a high annual income

Italian Supreme Court confirmed the existence of the wife’s right to maintain the standard of living enjoyed when she used to live with her partner. By judgement no. 9294/2018 the Court has confirmed the appeal outcome recognising spouses separation together with alimony and the assignment of the family house.  The husband had challenged the Court […]

Divorce: if the spouse does not pay alimony

Art. 570 bis of the Italian Criminal Code takes into consideration the violations of duties regarding family care. In particular, article 570 bis provides that in case of unjustified non-payment of alimony, the non-paying spouse will be sanctioned with a fine between €103,00 and €1032,00 or with the imprisonment for up to 1 year. Article 570-bis constitutes one of […]