The alimony represents the payments made to a spouse/former spouse by the other, after divorce or separation. For the payer, the sums are seen as deductible expense and for the one receiving them, they are considered taxable income. The alimony payment’s structure is outlined by a decree or court and it should not be confused with child support. For any legal family matters you may be dealing with and for further details on alimony in Italy, you should consider asking for the help of an Italian lawyer.
Table of Contents
Awarding alimony in Italy
In case of marriage dissolution, the spouse who is not able to provide for himself/herself is entitled to alimony. The reasons may vary from an inability to work, to old age and so on and the payment is established accordingly. Following divorce law, in case the spouse is able to support himself/herself, but is unwilling to do it, alimony may be denied altogether or it may be at least reduced.
The court has to consider certain aspects when awarding and determining the amount of alimony, aspects such as the following:
- – conditions of the separated/divorced couple;
- – financial and personal contribution given by each spouse to the family;
- – reasons for separating;
- – assets of each spouse, their income and common properties.
After evaluating all these aspects, the court can issue an order stating that one of the spouses has to periodically pay the determined allowance in favor of the other. The payments tend to be made monthly, but there is no set timeframe for them.
Our lawyers in Italy can assist you and advise you on any legal family matter you may encounter.
Other options for alimony in Italy
Instead of alimony, only if the divorce is pronounced, a one-off payment is possible to be awarded to the spouse entitled to be supported by the other party. This can be done when both ex-spouses agree and the judge approves the settled amount of the payment. In a case like this, no other requests of financial support can be submitted. Furthermore, the one-off payment is not tax deductible like the other regular alimony payments.
If separated or divorced, the ex-couple must present documentation relating to revenue and income statements or commonly owned property. When disputes arise, the judge can order that the incomes are investigated, as well as assets and lifestyle. The obligation of paying alimony ceases when the spouse entitled to it remarries.
You can feel free to contact our Italian law firm in case you need further information about alimony in Italy or other family law issues.