Support among cohabitants in Italy

Marriage and cohabitation entail substantial differences as regards the right to support among cohabitants. In marriage, the law automatically establishes reciprocal obligations of moral and material assistance between spouses. In case of separation, the economically weaker spouse has the right to receive a support allowance to maintain the matrimonial standard of living.

The situation changes radically in de facto cohabitation. Support without marriage is not an automatic right, but must be expressly agreed between the parties. This means that, in the absence of specific agreements, at the end of cohabitation neither partner can claim support from the other.

The Cirinnà law (no. 76/2016) introduced important novelties, recognising some rights to cohabitants, but did not completely equate the two situations. For cohabitants, it is possible to establish support obligations through:

• A registered cohabitation support contract;
• Written private agreements;
• Verbal agreements (more difficult to prove in case of contestations).

In case of separation of cohabitants the support is a more complex point compared to marriage. If there are no previous agreements, the economically weaker partner may find themselves in difficulty. The only possibility is to demonstrate the existence of previous agreements or to request recognition of economic contributions provided during cohabitation.

For this reason, it is fundamental to preventively regulate economic relationships in cohabitation. Boschetti Studio Legale can assist in the drafting of agreements that protect both parties, preventing future disputes and ensuring stability to the relationship.

The cohabitation contract represents a fundamental legal instrument to regulate the economic relationships between cohabitants. This document, introduced by the law on civil unions, allows establishing clearly the rights and duties of each partner, including support without marriage.

The cohabitation contract must be drafted in written form, under penalty of nullity, through:

• Public deed;
• Private writing authenticated by a notary or by a lawyer.

The cohabitation contract for support can regulate various aspects:

• The modalities of contribution to the necessities of common life;
• The patrimonial regime of community of assets;
• Mutual support obligations;
• Economic consequences in case of cessation of the relationship.

It is important to underline that the cohabitation contract cannot contain provisions contrary to mandatory rules, public order or good morals. Furthermore, it cannot limit the personal freedom of cohabitants or impose discriminatory conditions.

In de facto cohabitation the support requires particular attention at the moment of drafting the contract. It is fundamental to define with precision:

• The extent of the economic contribution of each partner;
• The modalities of payment of the amounts;
• The events that can modify or cause cessation of support obligations;
• The consequences of any non-fulfilment.

The contract must be registered in the municipality of the place of residence. It can be modified or revoked at any time with the agreement of both parties, following the same formalities provided for its stipulation. However, it ceases automatically in case of death of one of the cohabitants, marriage or civil union of one of the partners.

Boschetti Studio Legale offers specialised advice in the drafting of cohabitation contracts, ensuring that they adequately protect the interests of both parties and respect all the legal requirements. The assistance of an experienced professional is fundamental to avoid invalid clauses or those interpretable in an ambiguous way, which could prove to be a problem in case conflicts arise between cohabitants.

Our expertise is of particular relevance with regard to foreigners who have an affective and stable relationship with an Italian citizen, for whom the cohabitation contract becomes the right and natural solution to be able to request the residence permit in Italy. This contract, in fact, recognised by Italian law, allows formalising the union with the Italian or other EU State partner, offering a valid title to the foreigner to submit a request for the residence permit.

The request for support among cohabitants follows different paths based on the existing agreements between the parties. When a cohabitation support contract or other written agreements that regulate the economic aspects of the relationship are present, the process is more linear and defined. In these cases, the partner who requests support can initially send a letter of formal notice to solicit the fulfilment of the agreed obligations. If this path does not lead to results, one can proceed with a legal action to enforce what has been agreed.

The situation becomes more complex regarding support upon the separation of cohabitants when written agreements are missing. In this scenario, it is crucial to gather every element that can prove the existence of verbal agreements and accurately document the economic contributions provided during the period of cohabitation. Particular attention must be given to the demonstration of the state of need, which can significantly influence the outcome of the request.

The judicial path for the request for maintenance requires accurate preparation. It is necessary to submit to the competent court complete documentation that demonstrates not only the existence of cohabitation, but also all the elements that justify the request for support. The documentation of the economic situation of both parties plays a fundamental role in determining the amount of any allowance.

Boschetti Studio Legale makes available its experience to guide clients through this complex process. Our professionals provide assistance in the preparation of documentation, in the drafting of necessary deeds and in representation in court. Particular attention is dedicated to the negotiation phase with the counterparty, seeking when possible to reach satisfactory agreements for both parties before resorting to the judge.