L’assegno divorzile nella nuova prospettiva delle Sezioni Unite

Di Luigi Balestra -

When a marriage is in a crisis, the family capital reacquires an individual dimension. This often leads to an imbalance in the economic position of the spouses, especially in case of long-lasting marriages, where choices made years back, in anticipation of a married life may not be reversible anymore.
In this scenario nowadays there is a vivacious debate on the function of the divorce maintenance payments, looking for a delicate balance between individuals’ freedom, selfresponsibility and the observance of shared choices that were made in married life. But, in this way, judges might go beyond the boundaries of interpretative activity and shift towards political choices.