Assegno divorzile e convivenza more uxorio

Di Gianluca De Donno -

The essay aims at highlighting the potential implications of the recent leading case law relating to the nature of divorce spouse support. By commenting the case at stake – after recalling the case law evolution on the issue – the author tries to point-out the rationale underlying the Supreme Court’s decision no. 18287 of 2018 and to provide arguments in support of the compensatory nature of divorce spouse support, as affirmed by such decision. Lastly, the essay addresses the issue of the relationship between divorce spouse support and more uxorio cohabitation. In this respect, the decision of the Court is criticised since it appears not to have taken in due account the effects of a combined reading of both the Supreme Court’s mentioned case law and the law 20 May 2016, no 76 (which has regulated, inter alia, more uxorio cohabitations), to provide a different view on the issue.