Assegno divorzile e indipendenza economica dell’ex coniuge

Di Filippo Romeo -

Accepting the social demands and bringing the Italian discipline closer to that found in Europe, the sentence of the Cassation n. 11504/2017 identified the criterion impeding the existence of the spouse support allowance, in the parameter of economic independence (even potential) of the requesting partner. Indeed, in light of the recent pronouncement of the United Sections of the Supreme Court n. 18287/2018 the parameter of economic independence is drastically set aside. The United Sections, in fact, moving in a primarily «compensatory» logic, tend to protect the contribution made by the former partner in the realization of family life. The adopted solution – as we will try to demonstrate – does not fully coexist and lends itself to various criticisms.