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Separation, infidelity charge and maintenance review

  • 15/11/2021

The Court of Cassation, with the order n. 30496 on 28th October, 2021, confirmed that infidelity cannot lead to the statement of debit of the separation to the unfaithful spouse if this was not the cause that gave rise to marital crisis which was already irretrievably in place. In absence of the debit of the separation, the incomes, through which the maintenance allowance have to be determined, are those necessary to maintain the standard of living enjoyed in constancy of marriage, given that there is still duty of material assistance.

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