{"id":2279,"date":"2024-10-02T15:09:40","date_gmt":"2024-10-02T13:09:40","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2279"},"modified":"2026-07-20T11:26:30","modified_gmt":"2026-07-20T09:26:30","slug":"support-for-the-foreign-and-non-foreign-spouse","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/maintenance\/support-for-the-foreign-and-non-foreign-spouse\/","title":{"rendered":"Support for the foreign and non-foreign spouse"},"content":{"rendered":"

Support for the foreign and non-foreign spouse<\/h1>\n
The support of children and of the wife has always represented a crucial question in family law, especially in cases of separation and divorce.<\/div>\n
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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.<\/p>\n<\/p>\n

The law provides that, in case of cessation of marriage, the economically weaker spouse can receive economic support from the other spouse.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

The laws relating to maintenance obligations vary from one Country to another, just as the degree of support offered is not the same everywhere.<\/p>\n<\/p>\n

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<\/strong> and the 2007 Hague Convention<\/strong> 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.<\/p>\n<\/div>\n

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Quantification of the support allowance<\/h2>\n<\/div>\n
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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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

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.<\/p>\n<\/div>\n

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Legal advice for support for the foreign spouse<\/h2>\n<\/div>\n
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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.<\/p>\n<\/p>\n

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.<\/p>\n<\/p>\n

It is therefore fundamental to turn to a lawyer to ensure that all the practices are correctly fulfilled, avoiding useless legal complications.<\/p>\n

The first thing you must do is therefore contact a law firm to receive all the information necessary to start the right proceeding.<\/p>\n

Boschetti Studio Legale will submit for you a petition in court relating to support allowances.<\/p>\n<\/div>\n

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How do we identify the competent court?<\/h3>\n<\/div>\n
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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).<\/p>\n

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.<\/p>\n<\/div>\n

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How can we help you<\/h3>\n
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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.<\/p>\n

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.<\/p>\n<\/div>\n

Contact Us<\/a><\/p>\n<\/div>\n

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How do we identify the competent court?<\/h3>\n
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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.<\/p>\n\n<\/div>\n<\/div>\n

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How can we help you<\/h3>\n
\n\n

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.
\nWe 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.<\/p>\n\n<\/div>\n<\/div>\n

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How much is the support allowance for the wife?<\/h3>\n
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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.
\nThe 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.<\/p>\n\n<\/div>\n<\/div>\n

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How long does support for the ex-wife last?<\/h3>\n
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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:
\nBecomes economically self-sufficient;
\nRemarries;
\nStarts a stable cohabitation with a new partner;
\nTheir economic conditions improve significantly.
\nIn some cases, if the circumstances justify it, such allowance can be reduced or cease by decision of the judge.<\/p>\n\n<\/div>\n<\/div>\n

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When is support not paid to the wife?<\/h3>\n
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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).<\/p>\n\n<\/div>\n<\/div>\n

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When does the spouse have the right to support?<\/h3>\n
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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.
\nSupport is also provided on condition that the separation is not attributable to the spouse who would benefit from it.
\nIn any case, the decision belongs to the judge after careful assessment of all the specific circumstances.<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div><\/div><\/div>\n

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Support for the foreign and non-foreign spouse The support of children and of the wife has always represented a crucial question in family law, especially in cases of separation and divorce. The support of the foreign spouse is a topic of great relevance in family law, especially when one finds oneself managing separations or divorces […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":2122,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-2279","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2279","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/comments?post=2279"}],"version-history":[{"count":4,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2279\/revisions"}],"predecessor-version":[{"id":3191,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2279\/revisions\/3191"}],"up":[{"embeddable":true,"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/pages\/2122"}],"wp:attachment":[{"href":"https:\/\/www.familylawboschetti.com\/en\/wp-json\/wp\/v2\/media?parent=2279"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}