A new cohabitation does not in itself involve the automatic and complete loss of the right to a divorce allowance in favor of the economically weaker spouse, however the choice to start a new life path is not irrelevant:
the consequence is that the former spouse can no longer claim the welfare component of the
allowance
, but has the
right to the liquidation of the compensatory component
which will be quantified taking into account various parameters, such as the duration of the marriage, its contribution to the realization of the family patrimony and the loss of professional opportunities.
The joint Sections of the Supreme Court decided this.
With sentence no. 32198 published today, in resolution of a dispute, "the United Sections of the Court have intervened to define the fate of the divorce allowance in favor of the economically weaker spouse, if this establishes a stable cohabitation with a new partner", explains the Supreme Court in a note. The United Sections affirms "in the first place that, at present, the establishment of the new cohabitation does not involve the automatic and complete loss of the right to the allowance". "The choice to undertake a new life path together with another person is not irrelevant", the Supreme Court specifies: "the United Sections affirm that the former spouse, by virtue of his new life plan and the principle of self-responsibility,cannot continue to demand payment of the welfare component of the allowance ", however," does not lose the right to liquidation of the compensatory component of the allowance, which will be quantified also taking into account the duration of the marriage, provided that it proves its contribution to the realization of the family assets, or the personal assets of the former spouse, as well as any agreed renunciation of work opportunities and professional growth during the marriage ". The Court points out" the most suitable method of liquidation of the allowance limited to the compensatory component is the disbursement of it for a limited period of time, or its capitalization, currently possible only with the agreement of the parties, and enhances the importance ofproactive and collaborative activity of the judge, lawyers and family mediators to reach the solution that best suits people's interests ".
