Le Sezioni Unite su assegno divorzile e convivenza di fatto. Le mobili frontiere tra autoresponsabilità e solidarietà postconiugale

Di Mirzia Bianca -

The comment on the decision issued by the Supreme Court en banc on November 5, 2021, no. 32198 on divorce allowance and de facto union contains some critical observations. First of all, it points out the disparity in treatment between marriage and de facto union, a disparity that finds no justification in the matter at issue in the decision. Secondly, it challenges the exclusively compensatory nature of the divorce allowance. This approach, in addition to not finding any basis in the juridical system, shows a discontinuity with what the Supreme Court en banc had affirmed in 2018 regarding the composite nature of the divorce allowance (welfare and equally equalizing and compensatory). The exclusively compensatory nature would then certainly be in contrast with the principle of post-marital solidarity which, although interpreted, would be strongly delegitimized by the abandonment of the welfare function.