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Does an ex-wife lose alimony if she inherits?

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. Income changes include salary variations, pensions, and rents, while asset changes involve property acquisitions, investments, etc.

While inheritance acceptance alters assets, it must significantly affect the recipient’s economic autonomy to justify alimony revocation. The purpose of alimony isn’t income equalization but ensuring economic independence for the less affluent. Therefore, if inheritance achieves this, alimony may be revoked.

Ruling no. 6889/2023 underlines that alimony revision hinges on substantial economic changes. A significant inheritance can justify revocation or reduction, irrespective of the remaining economic disparity between ex-spouses. However, ruling no. 506/2020 emphasizes that inheritance alone isn’t sufficient for revocation if the ex-wife remains economically dependent.

In ruling no. 11787/2021, alimony was revoked when the ex-wife renounced inheritance. However, such behavior could signal an economic improvement, justifying revision. Additionally, the husband can contest the renunciation if it doesn’t harm the ex-wife.

To annul alimony, the husband must initiate a court revision. He cannot unilaterally suspend or reduce alimony, as only the judge can revoke the decision.

In essence, while inheritance acceptance might trigger alimony review, it doesn’t automatically revoke it. The court assesses whether the inheritance significantly affects the recipient’s economic independence. If so, alimony may be adjusted or revoked, ensuring fairness and economic autonomy for both parties.

VGS Lawyers is specialised in Family matters. In case you need assistance for Italian Law inheritances, feel free to contact info@vgslawyers.com
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