Il coniuge divorziato che inizia una convivenza mantiene il diritto all’assegno divorzile, con funzione esclusivamente compensativa: riflessioni sull’ultima sentenza delle Sezioni Unite

The United Sections of the Italian Supreme Court, dealing with the consequences that the new de facto union of a former spouse can have on his or her right to receive financial provisions from the other one, confirmed the end of the right to have the needs of life covered. In the meanwhile, they affirmed the right of the former spouse in need to receive a monetary compensation for giving up his or her career in order to take care of the family and of the children. Nevertheless, the Supreme Court didn’t take into consideration the rule according to which the former spouse who remarries loses every financial support from the other one. Furthermore, the Court expressed its confidence on the cooperation by the parties to reach an agreement about a lump sum payment, but it didn’t take into account that such a deal would be contrary to the interests of the former spouse in need.