Support for the foreign and non-foreign spouse
The support of the foreign spouse is a topic of great relevance in family law, especially when one finds oneself managing separations or divorces that involve foreigners residing in Italy.
The law provides that, in case of cessation of marriage, the economically weaker spouse can receive economic support from the other spouse.
This support allowance for the foreign spouse is aimed at ensuring a dignified standard of living, and at covering their necessities, in particular when they do not have their own economic independence.
The laws relating to maintenance obligations vary from one Country to another, just as the degree of support offered is not the same everywhere.
Asserting one’s right to receive a maintenance benefit from those who live in a foreign State, requires the consultation of the provisions of EU Regulation n. 04/2009 and the 2007 Hague Convention according to which the States cooperate among each other through their respective central authorities in order to provide help to those who need to turn to the authorities of another State to see their rights respected.
Quantification of the support allowance
The quantification of the support allowance for the wife is never a simple question, and is based on a series of factors that the judge carefully assesses. Among these, one of the most relevant is the income of both spouses: how much they earn and how much they earned when they were together. But there is more: the judge also takes into account the standard of living to which the couple was accustomed during marriage. This means that the Judge takes into account the lifestyle led together, which ranges from daily habits such as holidays, to consumption, up to the economic possibilities that the wife might not want to give up, especially if during marriage these were guaranteed by the partner.
Another fundamental aspect is the wife’s capacity to maintain herself autonomously. This means assessing whether she has a stable job or whether she has the competences and the possibilities to find one. If, for example, during marriage she dedicated herself mainly to the care of the home or of the children, she might not have an active occupation or the immediate possibility of reintegrating into the world of work.
If the wife is of foreign origin and has transferred to Italy for marriage, the question can become even more complex. The integration into the Italian labour market could be a challenge, perhaps due to the language or to the difficulty of obtaining recognition of professional qualifications obtained abroad. In these cases, the amount of the support allowance can be revised upwards, precisely to help her cover the necessary expenses until she manages to become more independent.
Each assessment is made tailored, because every story is different. The judge must take into consideration not only the economic circumstances, but also the more personal ones: how much did the transfer to Italy affect? Did the wife leave a job, a family, a family and social context to transfer to a new country? All these elements can play a crucial role in the final decision.
In essence, the objective is to ensure a balance and an equitable treatment, that respects the necessities and difficulties of those who find themselves having to rebuild their life after separation. In the end, the support allowance is not just a question of numbers, but of respect for the needs and well-being of the person who needs it, to allow them to face this new phase of their life with dignity.
Legal advice for support for the foreign spouse
In the case of foreigners residing in Italy, the management of questions relating to the support of the foreign spouse may prove particularly complex, since it might involve legal systems of multiple Countries.
Boschetti Studio Legale has in its team lawyers specialised in family law and distinguishes itself for having competence also in international disputes. The Studio can offer you advice aimed at the resolution of these problems, ensuring you a support allowance that is equitable and compliant with Italian laws.
It is therefore fundamental to turn to a lawyer to ensure that all the practices are correctly fulfilled, avoiding useless legal complications.
The first thing you must do is therefore contact a law firm to receive all the information necessary to start the right proceeding.
Boschetti Studio Legale will submit for you a petition in court relating to support allowances.
How do we identify the competent court?
We follow some criteria to start the judgment in the suitable judicial seat, going to verify whether it is the court of the country in which your ex partner or relative lives, or that of the country in which the person who would have the right to the support allowance resides, or whether it is the court competent to pronounce on civil status (in case of divorce for example) or on parental responsibility (if the question of support is pertinent).
Very often the lawyers of the Boschetti Studio Legale team have also managed to bring the ex-spouses, or relatives, to agreement on the court to apply to and to which to submit the case, proceeding swiftly and avoiding useless procedural lengths.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.
Registering a cohabitation agreement and regularising the status of a foreign partner
A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.
Adult adoption to legally recognise a de facto family relationship
A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.
Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights
An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.
Adoption in Colombia: an Italian couple fulfils their dream after a three year journey
A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.
Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland
An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.
Adult adoption of a partner’s child: legal recognition of a twenty year family bond
A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.
Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs
Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.
Succession planning for a family business: transferring a €3 million business to the next generation
A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.
International adoption by a single parent: when the law opens a path few people know exists
A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.
Digital inheritance: recovering cryptocurrencies and digital assets after death
A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.
Legal name change for a transgender person: aligning official documents with gender identity
A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.
Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity
A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.
How can we help you
Thanks to the matured experience of its lawyers in managing practices on matters of family law and right to support, Boschetti Studio Legale is here to assist you also with reference to cases of support of the foreign wife, and of support allowance for the foreign spouse.
We manage your practice with professionalism and competence, we guide you in the delicate legal process, protecting your rights and ensuring that every agreement is equitable.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
This form is reserved for those who need legal assistance on a concrete situation. We do not provide free advice nor answers to generic queries by email. If you have a case that requires professional assessment, fill in the form: we will contact you back for a first exploratory meeting.
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How do we identify the competent court?
We follow some criteria to start the judgment in the suitable judicial seat, going to verify whether it is the court of the country in which your ex partner or relative lives, or that of the country in which the person who would have the right to the support allowance resides, or whether it is the court competent to pronounce on civil status (in case of divorce for example) or on parental responsibility (if the question of support is pertinent). Very often the lawyers of the Boschetti Studio Legale team have also managed to bring the ex-spouses, or relatives, to agreement on the court to apply to and to which to submit the case, proceeding swiftly and avoiding useless procedural lengths.
How can we help you
Thanks to the matured experience of its lawyers in managing practices on matters of family law and right to support, Boschetti Studio Legale is here to assist you also with reference to cases of support of the foreign wife, and of support allowance for the foreign spouse.
We manage your practice with professionalism and competence, we guide you in the delicate legal process, protecting your rights and ensuring that every agreement is equitable.
How much is the support allowance for the wife?
The amount of the support allowance for the wife is not predetermined in a standard amount, since each case is personalised based on the circumstances of the case.
The amount of support for the wife depends on factors such as the income of the obligated subject, the financial necessities of the family and the standard of living enjoyed during marriage.
How long does support for the ex-wife last?
In case of separation or divorce, the spouse obliged to pay the support allowance in favour of the weaker one can cease to fulfil upon the occurrence of certain circumstances concerning the latter:
Becomes economically self-sufficient;
Remarries;
Starts a stable cohabitation with a new partner;
Their economic conditions improve significantly.
In some cases, if the circumstances justify it, such allowance can be reduced or cease by decision of the judge.
When is support not paid to the wife?
Support to the wife is not due if she is economically self-sufficient, possesses an income adequate for her own sustenance, or in case of serious fault in the separation (as in cases of infidelity or abandonment of the marital home).
When does the spouse have the right to support?
The spouse has the right to support when, following separation or divorce, they do not have means adequate to maintain the standard of living enjoyed during marriage, and they are not able to procure them.
Support is also provided on condition that the separation is not attributable to the spouse who would benefit from it.
In any case, the decision belongs to the judge after careful assessment of all the specific circumstances.
