Short marriage: is separation/divorce allowance due?

Short marriage: is separation/divorce allowance due? In the case of a short marriage with no children, is separation/divorce allowance still due? The question may seem obvious, and at first you might be tempted to answer: definitely not. But in reality, things are not so simple and the judgement to be made is a little more […]

Child abduction abroad

Child abduction abroad The crime of child abduction and detention abroad, Article 574 bis of the Criminal Code, provides two different procedures for the return of a child depending on whether the state to which the child has been taken has acceded to the Hague Convention or not. The article states as follows, “Unless the […]

Revaluation of maintenance allowance

Revaluation of maintenance allowance To preserve the purchasing power of the maintenance allowance, a revaluation must be calculated annually on the basis of the average increase in the cost of living. The revaluation is calculated taking into account the FOI index that is published in the Official Gazette periodically and on the ISTAT website. The […]

How is Alimony calculated?

How is Alimony calculated? Alimony is a benefit of a welfare nature owed to a person in a state of need by the persons identified in Article 433 of the Civil Code. The Italian legal system, in response to the principle of assistance and solidarity within the family unit, provides for a series of benefits […]

Allowance to the ex if no proof of concrete possibility to work is provided

Allowance to the ex if no proof of concrete possibility to work is provided Alimony is due unless the former spouse’s ability to work il fully proved. The Italian Supreme Court (Corte di Cassazione) in its order no. 22758/2022 specifies that if the husband does not want to recognize the divorce allowance to his former […]