The divorce allowance in italy, between rules and principles
Italian law gives the right to a maintenance allowance to the spouse who does not have “mezzi adeguati”. The assumption consisting in the “mancanza di mezzi adeguati”, originally understood by the Joint Sections of the Italian Cassation of 1990 as a lack of resources to maintain the standard of living enjoyed during the marriage, was understood by the Court of Cassation in 2017 as a lack of resources of guaranteeing independence or economic self-sufficiency.