Search results for " Comparative Family Law"

THE MAINTENANCE OF THE FORMER SPOUSE IN A NEW JUDICIAL RECONSTRUCTION: LET’S GO LIVING IN THE PAST

2018

The new interpretation followed by the Italian Court of Cassation amended the consolidated evaluation criterion of the divorce subsidy over passing the fixed parameter of maintaining the standard of living enjoyed during marriage, in favour of the overall evaluation of ALL the parameters provided for by art. 5 of the Divorce Act 1970. Consequently, for the grant, reduction or even revocation of the divorce allowance, it is necessary to assess whether the former beneficiary spouse is, or not, economically self- sufficient, since it is not necessary for the former beneficiary spouse to be aseptically guaranteed the same standard of living as he or she was during marriage. In application of th…