There is no automatic right to the divorce allowance. In every divorce proceeding, the judge assesses a series of elements to establish whether one of the two former spouses has the right to receive it, in what amount and for how long. This assessment is not only economic, but also takes into account the entire marital history and the personal and professional conditions of the parties.
Over the years, numerous judgments on the divorce allowance have clarified the guiding criteria, with the aim of balancing two fundamental aspects: on the one hand, economic independence after divorce; on the other, the recognition of any sacrifices made during the marriage, such as giving up a career to dedicate oneself to the family.
The factors that influence the judge’s decision
Let us now look at the main 7 factors for obtaining the divorce allowance, according to the constant orientation of the courts.
- Duration of the marriage. The longer the marital cohabitation, the more likely the judge will recognise an entitlement to the divorce allowance. This applies above all in cases where one of the two has interrupted or scaled back their working activity in order to dedicate themselves to the family.
- Personal and economic conditions of the spouses. The economic assessment in the divorce takes into account incomes, properties, earning capacity, age and health status. The judge compares the position of both to understand whether there are significant and justified imbalances.
- Contribution made to the family and to shared assets. The contribution is not only economic: those who have run the household or taken care of the children may also have contributed decisively to family stability. This is one of the most frequently valued criteria for the divorce allowance in court rulings.
- Professional or economic sacrifices. If one of the two has given up career opportunities or has left work to take care of the family, this element can affect the judge’s decision on maintenance, especially when it has lastingly compromised the spouse’s economic autonomy.
- Concrete possibilities of returning to the labour market. The judge assesses whether the person requesting the allowance has the skills, training and favourable conditions to find or regain employment. Economic independence after divorce is today one of the central parameters.
- Conduct during the marriage. Even though the allowance is not linked to fault, behaviours that have had an economic impact on the family (such as excessive spending, gambling or irresponsible choices) can be assessed, especially if they have affected the economic rights of the other spouse.
- New cohabitations or stable relationships. If the person requesting the allowance has a new stable relationship, the judge can reduce or deny the amount. This applies even if the new union is not formalised but affects the overall economic situation.
What can be done by those involved in a divorce or who already have a judgment
Understanding the criteria for the divorce allowance helps to form a clearer idea of the real possibilities of obtaining or having to pay an allowance. Each case, however, is assessed individually. Even those who have already divorced can request a review, if economic or personal conditions have changed significantly.
Many wonder, for example, whether a promotion, a dismissal, an illness or the start of a new cohabitation can influence the review of the allowance. The answer is yes: in such cases, the judge can modify, suspend or revoke the allowance previously established.
When dealing with a topic such as the divorce allowance, knowledge of the rules and of the most recent judgments on the divorce allowance is essential to avoid mistakes, both in the negotiation phase and in the judicial one.
Those reflecting on these aspects, in view of a divorce or after a judgment already pronounced, may consider the opportunity of a discussion with a professional of the sector. Often a well-conducted preliminary analysis is enough to clarify doubts and identify strategies consistent with one’s own economic rights.
Studio Legale Boschetti is available, with the confidentiality and competence that have always distinguished it, to assist those who wish to better understand their position or to face a delicate passage with greater awareness.
