Assegno divorzile e nuova famiglia di fatto: l’effetto estintivo automatico verso la rimessione alle Sezioni Unite (e al legislatore)

Di Silvia Romanò -

This article deals with the ending of post-marital alimony in the event of the beneficiary’s new stable cohabitation. Under art. 5 l. n. 898/1970, the alimony awarded by a Court to one of the former spouses may end if the beneficiary remarries, but what about cohabitation? Firstly, the paper analyses the steps that led Italian case law to declare the cessation of post-marital alimony also in the case of the beneficiary’s stable cohabitation. Secondly, it discusses the purposes of post-marital alimony, with a focus on the one that limits the negative effects of divorce for the ex-spouse may have chosen to forego a career to support the family. Finally, it deals with a recent case-law case asking the United Section of Italian Supreme Court to rule whether, despite the beneficiary’s new stable cohabitation, further support could be provided. If alimony is awarded also for the support that the beneficiary gave to the marriage, this past event cannot be changed by the later decision to create a new family.