Divorce. How to quantify the alimony
The Joint Chambers of the Italian Supreme Court have recently established the criteria upon which the allowance has to be quantified in a divorce proceeding (SS. UU. Judgement of July 11, 2018, no. 18287). In order to calculate the divorce allowance referred to in Article 5 of the L. 1 December 1970, n. 898, it is […]
Alimony vs Divorce Allowance
The divorce allowance is the potential obligation of one of the spouses to pay the other one a sum of money, either periodically or in a lump sum, determined by the Court on the basis of legal criteria, as a legal consequence of the divorce. The legislation of divorce is set forth by Law no. […]
Protests against the bill Pillon
The legislative proposal on shared custody of children in separated couples is called “DDL Pillon” and it is inspired by the principle of “perfect double-parenthood” and wants to replace the previous law on joint custody (Law no. 54/2006). The text, widely discussed and debated, cancels the alimony, provides for double domicile of the child and […]
Limitation to husband’s rights to satisfy his sexual needs
According the Italian Supreme Court, a legitimate sexual intercourse between partners always requires both parties’ consent. In fact, marriage does not constitute per se a justification in order to claim a sexual intercourse. Judgement no. 46051/2018 states that “it does not exist an husband’s potestative right upon the fulfilment of his sexual instincts”. The case […]
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 […]