Revaluation of maintenance allowance

Revaluation of maintenance allowance

To preserve the purchasing power of the maintenance allowance, a revaluation must be calculated annually on the basis of the average increase in the cost of living.

The revaluation is calculated taking into account the FOI index that is published in the Official Gazette periodically and on the ISTAT website.

The obligation to revalue the maintenance allowance is enshrined in Law No 898 of 1 December 1970 and precisely in Article 5, paragraph 7.

Although the provisions have been specified only in divorce proceedings, the Court of Cassation, by analogy, has held the same obligations valid also in separation proceedings.
The calculation of the revaluation is made by taking into account the FOI index of variation, with respect to the month of the first payment of the previous year of the maintenance allowance decided by the court, and applying the relevant percentage to the share of maintenance decided by the court, so as to determine the relevant increase.

The calculation of the revaluation is made by taking into account the FOI index of variation, compared to the month of the first payment of the previous year of the maintenance allowance decided by the court, and applying the relevant percentage to the share of maintenance sanctioned by the court, so as to be able to determine the relevant increase.

The new share will then constitute the sum on which to apply the FOI index the following year to determine the new revaluation, and so on.

In case you wish to have your maintenance allowance reevaluated please contact info@vgslawyers.com