What are the limits of the lump-sum alimony set forth under Italian law?

In Italy, there are some limits to the agreements that husband and wife can agree upon during the divorce proceeding, and in particular concerning the lump-sum alimony (assegno di mantenimento). The legal advice by an Italian qualified lawyer, specialized in family law, can help the spouses to divorce (divorziare) pursuant to Italian law (legge italiana), thanks to the knowledge of all the chances and the limits of an agreement from the economic standpoint, so to avoid deciding upon terms and conditions that would be denied by the competent Italian Court.

Who, for example, could agree upon a lump-sum alimony, getting a divorce pursuant to the Italian law:

• An Italian citizen and a foreign citizen, both residing not in Italy but abroad;
• Two Italian citizens, both residing not in Italy but abroad;
• Two foreign citizens, residing not in Italy but abroad and who got married in Italy or had lived in Italy or had decided to apply the Italian law;
• An Italian citizen and a foreign citizen, both residing in Italy;
• Two Italian citizens, both residing in Italy;
• Two foreign citizens, both residing in Italy.

The lump-sum alimony entails that the beneficiary spouse cannot request to the obliged spouse any further sum, while the obliged spouse has the chance to request alimony in case of further difficulties concerning herself/himself.

During the divorce legal proceeding, with the purpose of definitely solving any mutual economic request, husband and wife could agree upon some specific terms and conditions, which may even provide for the payment of a mutual lump-sum alimony. To their eyes, this solution could be seen as the best possible solution in order not to run the risk above mentioned.

However, the Italian law does not provide the parties with this possibility. The main reason has to be connected to the principle of the alimony, which is the helpful nature of the same alimony. In order to receive the issuance of the alimony by the competent Judge, indeed, it is essential that, by means of the divorce, an unbalanced situation between the parties may be consequently created, which means that an ex-spouse will be economically more powerful than the other ex-spouse. In a similar scenario, and by virtue of the principle of solidarity, which should last also in case of dissolution of the marriage, the alimony should be granted to the weaker party of the couple.  

On the contrary, if the possibilities of closing the divorce (divorzio) legal proceeding by means of a mutual lump-sum alimony were granted to the parties by the provisions set forth under the Italian law, there would exist a very rare situation: husband and wife should be the strong party and the weak party at the same time.

It is worth noting that an Italian competent Court would reject such request because an agreement like that could be considered as a private deed in conflict with the mandatory provisions set forth under the Italian law, as well as a private deed in conflict with the mandatory principles set forth under the Italian law with reference to the alimony.

Marzorati Law Firm is specialised in family law, also internationally, and its lawyers usually deal with separations, divorces, child support and family support. To advise all its clients all over Italy and worldwide, Marzorati Law Firm has also developed a network, made also of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice.