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 necessary to not take into consideration the standard of living, but different factors, through a “composite criterion” which, in light of the comparative assessment of the respective economic conditions, gives particular relevance to the contribution provided by the former spouse to the formation of the common and personal patrimony, in relation to the duration of the marriage, the future profitability and age of the entitled.
The parameter as indicated by the Supreme Court is based on the constitutional principles of equality and solidarity that permeate the marriage union even after the bond dissolution.
The judgement affirms that the contribution brought to the family life management is the result of joint and free decisions made by both the spouses, which can also deeply affect the economic profile of each of them after the end of the marriage union.