News
Following the creation of a new de facto family, a divorced spouse has no longer the right to get the “assegno divorzile”
- 03/10/2016
The right to get periodic payments after divorce (so-called “assegno divorzile”) from one’s ex-spouse is one of the main economic consequences of the Italian law on divorce no. 898/1970.
With judgment no. 19345 of 29th September 2016, the Court of Cassation stated that such payments are not to be made any more not only when the beneficiary gets married again but also when the beneficiary cohabits with a new partner and therefore has a de facto family.
The Court of Cassation, upholding the appeal court’s ruling, considered the prolonged cohabitation of a ex-wife with her new partner as proof of the creation of a new family. The ex-wife had no longer the right to get periodic payments from her ex-husband, given that the creation of her de facto family had determined a break from her marital life and her lifestyle at that time.
As a result, the ex-wife will not be eligible for the “assegno divorzile” any more, even if the cohabitation with her new partner comes to an end.
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