Divorce allowance

Reform of the divorce allowance: main changes

Ruling no. 18287/2018 of the Combined Sections of the Cassation established that the divorce allowance is of “assisting, compensatory, and equalising” nature. The amount of the allowance, in fact, will not be based on the criterion of standard of living (used for almost thirty years) but, rather, on criteria more adherent to the economic-social changes that have occurred in society.

The judge must make an assessment that takes account not only of the duration of the marriage and the age of the applicant spouse, but also of the sacrifices made during the union, lost employment opportunities, any presence of a disabled child in the family, health conditions, as well as reduced capacity of income.