Does an ex-wife lose alimony if she inherits?
The Court of Cassation has provided insights into how accepting an inheritance might impact family dynamics and alimony obligations. Inheritance acceptance doesn’t automatically revoke alimony, as clarified by ruling no. 13192 of May 14, 2024. Alimony revision requires substantial reasons emerging after the initial alimony determination. The judge evaluates economic changes, considering income and assets. […]
Navigating Divorce Alimony: Assessing Career Contributions in Italian Law
Divorce alimony often hinges on assessing how one spouse’s support contributed to the other’s career. In many marriages, while one spouse focuses on professional growth, the other prioritizes family care, sacrificing personal ambitions. This dynamic becomes pivotal during marital dissolution. Article 5, paragraph 6, of Law No. 898/1970 allows courts to order alimony payments if […]
Premarital Cohabitation’s Impact on Divorce Alimony Determination
In a significant legal development (refer to attached case no. 35385/2023), the United Sections of the Cassation Court have underscored the importance of factoring premarital cohabitation into divorce alimony calculations. This ruling asserts that when a sustained connection exists between the “de facto” phase of cohabitation and the “legal” phase of marriage, the duration of […]
Does marriage duration affect alimony?
Have you wondered about the connection between marriage duration and alimony in cases of separation and divorce? This topic prompts crucial questions. Does a short-lived marriage entitle the lower-earning spouse to post-divorce financial support? How does the judge weigh marriage duration? Are there legal guidelines? Insights from Italy’s Court of Cassation shed light. Alimony applies […]
Spousal Maintenance for Ex-Spouse Devoted to Children’s Care
According to the Court of Cassation, spousal maintenance is granted to the ex-spouse who dedicated themselves to the care and education of the children and is therefore unable to engage in employment. The compensatory and equalizing functions of spousal maintenance. Spousal maintenance is awarded to the ex-spouse based on their contribution to the accumulation of […]