Bad news for those housewives who lose their ex-wife’s right to maintenance and alimony if they are not careful

Divorce and separation, with a court ruling that the maintenance of the alimony for the ex-husband vis-à-vis the ex-wife, are very common situations in Italy. However, the so-called maintenance allowance is a rather complicated matter. The collective belief, according to which the husband must always and in any case pay the check to the ex-spouse, who is the weaker party in the marriage, conflicts with some evidence of the law. In fact, the allocation of alimony by a court is applied, taking various factors as reference. Spouse age, education or vocational training, are determining factors. And so many women who believe they are entitled to support may be disappointed.

Bad news for those housewives who lose their ex-wife’s right to maintenance and alimony if they are not careful

Among the tempting factors that influence a judge’s decision to give the ex-wife of the ex-husband alimony, age is also the master. And of course any educational qualifications or vocational qualifications. These are important factors because a recent Supreme Court ruling found that marriage it can not be considered as an investment for the life of one of the parties involved in the separation or divorce. Practically translated, those who can must try to work, because the maintenance allowance can not be the “lifetime” solution. A woman of working age can therefore, in some cases, not choose to be a housewife forever, and enjoy the support of her husband. Finally, pedagogical qualifications or professional skills also have a significant impact.

What the ex-wife needs to do to avoid being denied support

The basic principle of the maintenance allowance is that of maintenance those who do not support themselves. But the inability to recover after a divorce or separation must arise out of contingent situations and must not be a choice of either party. In practice, the lack of other income of the former husband must not come from his debt. The housewife of choice can therefore be considered as a fault by a court.

Bad news for those housewives who may be retiring or not receiving maintenance. If a woman’s unemployment rate depends on laziness and unwillingness to find a job that matches her skills and qualifications, the risks are greater. A woman up to 40 years or more, regardless of the duration of the marriage, must prove that she has sent a CV and that she has been diligently looking for work. If this evidence is lacking, it is certainly not uncommon for refusals to be rejected.

Digestion

For housewives a check of 468 €, an annuity of up to 1,292 € and a pension with 5 years contribution

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