I criteri di determinazione dell’assegno divorzile

Di Carlo Rimini -

The United Sections of the Italian Court of Cassation has changed the – for decades constantly followed – case law that assigned a welfare/helpful nature to divorce spousal support. The new orientation grounds the rights of the weaker spouse, arising from the breakdown of the marriage, on a pre-eminently compensative purpose. The reasoning that the Judge must follow in order to recognize and determine the amount of the spousal maintenance is now drawn enough to contain, within acceptable limits, the discretion that inevitably characterizes the decision. The evaluation of the sacrifices made by each spouse in favour of the family is the main point of the Judge’s reasoning.