Alla ricerca dell’autosufficienza economica e del principio di eguaglianza dei coniugi al momento del divorzio

Di Umberto Roma -

The decision adheres to the new case law that connects the judgment on the granting of the divorce check to the determination, that the available means of the petitioning spouse are inadequate to reach the economic viability, rather than to the preservation of the standard of living enjoyed during the marriage. It works out a benchmark grid for the concrete evaluation of the economic independence and includes the spouse’s contribution to the management of the family at the expense of the own employment and professional growth, allowing to restore the check’s compensatory function, that often risks to be neglected by the interpretation given by the courts, starting from the decision of the Italian Supreme Court no. 11504 of 2017.