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 […]

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 […]

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 […]