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The standard of living of the maintenance allowance in the separation of the spouses is unrelated to the divorce allowance

  • 05/11/2020

The Supreme Court, with decision no. 23482 of 27 October 2020 established that, in the matter of maintenance allowance to be determined at the time of the personal separation of the spouses, the adequacy of the income is relevant for the purpose of maintaining the standard of living enjoyed during the marriage, according to a parameter that is unrelated to the setting of the divorce allowance, which must, however, be quantified in consideration of its welfare, compensatory and equalizing nature, according to the criteria indicated in art. 5, paragraph 6 of Law no. 898 of 1970.

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