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Separation: the alimony cannot be granted for the spouse who has established a de facto family

  • 08/01/2019

The Civil Court of Cassation, Sec. I, with the Sentence n. 32871 of December 19th 2018 established that in the event of legal separation of the spouses and the formation of a new de facto family by the spouse receiving the maintenance allowance, a break occurs between the previous phase of matrimonial cohabitation and the new factual structure. Due to this, it is extinct the right to periodic contributions.

The Court recalled the jurisprudential orientation according to which the establishment by the divorced spouse of a new family, even if de facto, rescinding any connection with the tenor and model of life characterizing the previous phase of matrimonial cohabitation, makes disappear the alimony paid by the other spouse.

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