Le funzioni dell'assegno divorzile nei rapporti patrimoniali tra coniugi

The United Sections of the Italian Supreme Court, dealing with the factors influencing the right of a former spouse to receive financial provisions from the other one, reject both the principle according to which a lack of financial independence is required and the traditional opinion that the matrimonial life style has still to be ensured. They highlight the need to balance the financial status of the spouses and to take into account the contribution that each one gave to the family life and to the matrimonial property. Nevertheless, the Supreme Court hasn’t really been able to provide the national judges with precise guidelines about the standard of proof, which would be required. Furthermore, there is the need to analyse the consequences that the principles recently set forth by the Court could have on the matrimonial property regimes.