06 August, 2017

Alimony in Italy: an updating is possible in accordance to the value of the foreign currency – Advice by an Italian qualified lawyer, specialized in family law

When husband and wife decide to file for divorce (divorzio) pursuant to the Italian law, they can request the updating of alimony (aggiornamento dell’assegno) in accordance with the value of the foreign currency and not in accordance with Istat’s indexes. That’s why it is necessary to be advised by an Italian qualified lawyer specialized in family law, that may advise the client(s) about the most appropriate instruments to the ruling of their interests.

Who, for example, could request the updating of 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.

Let’s make an example imaging an ex-husband and ex-wife who, by means of a divorce, manage all over again to get free to re-build a new life, independent to the one of the other ex-spouse.

The wife could decide to move abroad to search for a new job. Having obtained alimony, she is afraid that its amount could be not sufficient anymore to guarantee her the standard of living she had in Italy, due to a much higher inflation. In other words, she is afraid that the purchase power of granted alimony could be highly reduced.

 

The appreciation pursuant to Italian Istat’s index

In Italy it is provided that alimony (mantenimento) shall automatically yearly updated pursuant to Istat’s index. It is an automatic and compulsory updating (adeguamento), that is always due even if it is not expressly indicated in the sentence. The appreciation aims to keep the purchasing power of the amount due for sustenance agreed during the divorce legal proceeding, and it also allows to correlate the amount of the alimony to the real costs of life.

The official indexes of depreciation of currency represent the minimum criterion of appreciation, guaranteed to the beneficiary spouse. The obliged ex-spouse cannot avoid the possible appreciation of the amount of alimony, except in cases of evident harshness that shall anyway be adequately grounded.

 

Other possible criteria of updating in Italy

The Judge may potentially take into consideration other factors, provided that this updating may not turn out to be lower in comparison with what provided for applying Istat’s indexes.

It is not ruled out that, whoever may decide to move to another country, where inflation is higher to the one in Italy, may obtain a “personalized” updating of the amount of the alimony (agreed percentage, inflation in the foreign country, favourable change of currency, and so on). While the Istat’s updating is compulsory pursuant to Italian law, an upgrading applying other factors should be agreed between the spouses or should be the request of a specific deed (istanza) filed before the competent Italian Court.

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.


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