Understanding the Legal Concept of ‘Addebito’ in Spousal Separation

The concept of “addebito” in the separation of spouses is akin to assigning “blame” to one of the parties for the failure of the marriage. When two people marry, they commit to basic rules, such as fidelity, mutual assistance, and living together under the same roof. If one spouse violates these rules, leading to the breakdown of the marriage, the other spouse can request the court to declare the separation as “addebitabile” or attributable to the one who breached the rules.

Addebito is established through a judicial separation process, initiated by one spouse, with evidence of the guilty behavior being the exclusive cause of the marriage’s end. Common grounds for addebito include violation of fidelity, cohabitation, assistance, and collaboration duties outlined in the civil code.

For violation of the duty of fidelity, both physical and mental infidelity can lead to addebito. The breach need not involve a physical relationship but can include actions that break the trust within the marriage. Addebito can also result from public behavior suggesting an adulterous relationship.

Abandonment of the marital home without a just cause, except in exceptional circumstances, is another ground for addebito. The duty of assistance requires each spouse to support the other morally and materially, with abusive behavior or neglect constituting a violation.

Violation of collaboration duties, encompassing responsibilities towards family and children, can also lead to addebito. This includes both economic and domestic contributions, with the level of effort not necessarily requiring equal division.

Presupposing addebito requires judicial separation, a request from one spouse, proof of guilty behavior, and confirmation that such behavior solely caused the marriage’s end. Addebito claims must be presented during contested separations.

While addebito results in civil sanctions, specifically the loss of alimony and inheritance rights, it does not entail compensation. The loss of alimony is significant, but the battle for addebito is often more ideological than practical, as it doesn’t automatically lead to financial compensation.

Exceptions to inheritance rights exist if the guilty party was receiving alimony at the time of succession. Furthermore, addebito may lead to compensation when the contested behavior causes a violation of constitutional rights such as honor or health.

In summary, addebito in the legal context is a declaration of fault, influencing financial consequences in a separation, yet often serving more as an ideological stance than a practical remedy.

VGS Lawyers is a law firm specialised in Family Matters under Italian Law. Should you need assistance please contact info@vgslawyers.com