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 the payment of alimony in addition to continuous messages of threat addressed to the former wife. This abusive conduct generated in the former wife the triggering of panic attacks.

Therefore, the Court considered this behaviour as valid to integrate moral damage, to be compensated under Art. 2059 of the Italian Civil Code, as suitable “to generate in the victim a state of anxiety and concern”. The Court sentenced the guilty former husband to give to the former wife a monetary compensation.

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