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Defacto Abolishment of Alimony in Italy

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I am frankly surprised that there have been no threads about the new rules on alimony and divorce in Italy.

To make you understand the importance of this news, you got to understand how alimony works in Italy - we have 2 forms of alimony: "Assegno di Mantenimento" aka alimony proper (given by default on divorce to the poorer partner like in other countries) and "Alimenti" aka a secondary form of alimony (given only if there is a real need such as physical incapacity to work or similar good reasons)

For the ones that do not know in May '17 the Corte di Cassazione (the Supreme Court of Italy) has established that the only parameter to assign alimony shall be the capacity to provide for oneself (and not the level of income of the richer of the two ex-partners or the level of income the married couple had).

In other words, if the poorer of the two ex-partners can work he/she has no right to receive alimony, end of discussion. Note that this will have little relevance for the "alimenti" given the fact that they are given only in proven situations of need.

MOREOVER, in Italy there is no divorce without reason. In other words, you can ask the court to determine whose fault it was for the break-up. If it results that the same partner who was awarded alimony is the reason for said divorce, he/she loses the right to said alimony. From what I found out, the courts give more or less 50% of the times the fault to the husband and 50% of the times to the wife.

Last points I wanted to make:
a) Child Support has no correlation with alimony (aka one can receive the former and not the latter).
b)The "communal house" is awarded only if there are underage children and even then only in temporary form - the owner of the house retains ownership and can sell/use the house as soon as the children become adults and economically independent (or above a certain age - some judges prefer 25 yo, others 22 or 20).
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File: Cary-Alimony-Lawyers-300x198.jpg (15KB, 300x198px) Image search: [Google]
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NOTES: Any damage (done by the temporary user of the communal house to said house) which can be proven was done to spite the final owner can be taken to court (to get refund and/or compensation).

Articles relevant to the OP:
New alimony rules - https://www.laleggepertutti.it/160875_assegno-di-mantenimento-allex-moglie-nuove-regole

Ownership of commucal house:
http://www.jusdicere.it/Ragionando/avv-daniela-gattoni-assegnazione-casa-familiare-quando-cessa/

Whose fault it is in case of divorce and alimony:
http://www.studiocataldi.it/guide_legali/separazione/addebito-separazione.asp
Thread posts: 2
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