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 […]

Divorce allowance and burden of proof

Divorce allowance and burden of proof According to the recent ruling of the Italian Supreme Court, the spouse applying for the divorce allowance has the burden of proving the lack of an adequate income. The divorce allowance does not only aim at restoring the previous standard of living during the marriage, but the divorce allowance […]

Alimony from siblings

The Italian law (Article 433 of the Italian Civil Code) establishes that the obligation to pay the alimony, claimed by indigent family members, can be asked also to siblings. The law provides for certain requirements in order to obtain the alimony: The state of need: it is necessary to demonstrate that you are indigent and […]

Failure to pay Alimony and Moral Damages

If the former spouse fails to pay the alimony, he or she may be liable to compensate the other spouse for the damages caused by this failure. This principle has been recently confirmed by judgement no. 17144/2018 of the Court of Rome. The case involved a couple of former spouses, whose husband had repeatedly missed […]