The decision of the Italian Supreme Court, dated May 10, 2017, no. 11504 modifies the settled case law in matters concerning maintenance payments in case of divorce. The benchmark for quantification that was related to the «standard of living during marriage» has been abandoned and the principle of «self-sufficiency» establishes itself. Precisely, the Supreme Court distinguishes a first phase of the proceeding regarding the an, i.e. the ascertainment of the existence of the right in the light of the principle of self-responsibility and a second phase concerning the quantum, to be undertaken according to the criterion of the financial independency.
The essay compares the new rule of the Italian living law with the new regulation in France and Germany.