Family Sacrifice Justifies Alimony

• Published date: 26 February 2024
• Law Firm: Boccadutri International Law Firm
• Author: Mr Calogero Boccadutri

The Supreme Court has conclusively affirmed the acknowledgment of one spouse's sacrifice for the benefit of the family unit as grounds for awarding alimony rights.

Alimony is an institution in constant evolution, usually linked to a support role but that can also be determined by acknowledging the requesting spouse's role in the couple's life.

The Supreme Court of Cassation has rendered numerous decisions over time regarding the evolving interpretation of financial compensation awarded to one of the former spouses, reflecting its intended purpose's dynamic nature.

To reach the current interpretation of alimony as compensatory-equalizing, it was necessary to overcome an ingrained belief of maintaining the marital standard of living which, in the case of affluent couples, translated into generous monthly payments.

As times changed, so did the vision of what the alimony should represent, namely assistance to the financially struggling ex-spouse from the economically stronger spouse, in light of the times when they shared life and income.

The right to receive alimony did not exist if the requesting ex-spouse seeking it is self-sufficient, taking into account their age and career qualifications: if you are young, in good health, and have the skills to easily secure employment, you do not require the financial support from someone who no longer has obligations towards you.

Recent judgments continue to follow the...