L’assegno di divorzio dopo la sentenza delle Sezioni Unite n. 18287/2018: indicazioni per il giudice di merito

Di Antonio Mondini -

The financial provision a former spouse is entitled to receive from the other, according to the Italian divorce law, is not exclusively aimed at supporting the beneficiary but it is mainly aimed at giving the beneficiary what is due in relation to the contribution he or she gave to matrimonial property and in accordance to the external work options the beneficiary lost consequently to shared decisions regarding family life.

This is the new principle of law set by the Supreme Court, with the decision no. 18287, published on July 11, 2018.

But is this principle clear enough? And which are the guidelines given by the Court to the judges called to apply this principle? And are those guidelines correct and precise enough? 

This short essay trays to answer these questions.