• ITA
  • ENG
Marzorati Law Firm
  • Home
  • The Firm
  • Practice Areas
    • Family Separation
    • Family in fact coexistence more uxorio
    • Civil partnerships and LGTB in Italy
    • Inheritances and donations in Italy
    • Medical malpractice and negligence in Italy
    • Consumer rights in Italy
    • Car accidents, railway accidents, naval and plane accidents in Italy
    • Insurance law in Italy
    • Telefonia Internet e TLC
    • Tourism law and ruined holiday in Italy
    • Rental agreements, condominium and real estate law in Italy
    • Commercial law and company law in Italy
    • Contract law in Italy
    • Banking law and financial law in Italy
    • Consumer rights and electronic instruments of payment in Italy
    • Litigation and alternative dispute resolution
  • People
  • Articles
  • Contacts
  • Search
  • Menu Menu
  • Home
  • The Firm
    • Network
  • Practice Areas
    • Family Separation
    • Family in fact coexistence more uxorio
    • Cicil Partnerships and LGTB in Italy
    • inheritances and donations in italy
    • Medical malpractice and negligence in italy
    • Consumer rights in italy
    • Car accidents, railway accidents, naval and plane accidents in italy
    • Insurance law in italy
    • TLC, Telephony and internet in italy
    • Tourism law and ruined holiday in italy
    • Rental agreements, condominium and real estate law in italy
    • Commercial law and company law in italy
    • Contract law in italy
    • Banking law and financial law in italy
    • Consumer rights and electronic instruments of payment in italy
    • Litigation and alternative dispute resolution
  • People
    • Avv. Mario Marzorati
    • Avv. Andrea Marzorati
    • The Team
  • Articles
  • Contacts
    • Contacts
    • Careers
  • ITA
  • ENG
Separazione avvocato Milano

Search

  • A new cohabitation and family house: consequences concerning the assignment pursuant to Italian law – Advice by an Italian qualified lawyer specialized in family law
  • Differences between consensual divorce and judicial divorce in Italy – Italian qualified lawyer specialized in family law
  • Divorce in Italy: rules about the evaluation of alimony
  • Foreign spouses: separation and divorce in Italy if they are resident in Italy
  • In Italy, the consensual divorce is possible also by means of a negotiation assisted by a lawyer
  • In Italy, what happens if alimony is not paid – Separation and divorce with an Italian qualified lawyer, specialized in Italian family law
  • Judicial separation: how the separation legal proceeding is regulated under the Italian law in case of no agreement – Judicial separation with an advice by an Italian qualified lawyer specialized in family law
  • Mixed couple: what are the rules to proceed with the separation or with the divorce legal proceeding in Italy One case for two Judges: who is the competent one?
  • Modern times: consensual divorce (separation) timing in Italy
  • Out-of-Court separation in Italy / Assisted negotiation with an Italian qualified lawyer, specialized in family law
  • Unfaithful husband: how to prove the adultery in an Italian Court of law with the legal advice of an Italian qualified lawyer specialized in family law?
  • What is the duration of the obligation to child support in Italy? – Legal advice by an Italian qualified lawyer specialized in family law

What to do when the alimony amount is not updated

Marzorati Law Firm | Italian Lawyers & Law Firm in Italy | Divorce in Italy

In Italy, alimony (assegno di divorzio) has to be yearly updated pursuant to Istat’s index. When the spouse (the husband or the wife), who is obliged to pay alimony, does not fulfil his/her duty, in Italy (Italia) he/she risks of receiving by an Italian qualified lawyer specialized in family law a notice concerning an injunction (precetto) on behalf of the beneficiary spouse.

To divorce (divorziare) pursuant to Italian (Italiana) law, entails the knowledge of all the chances of an agreement from the economic standpoint, that’s why it is appropriate to appoint an Italian law firm that has a deep knowledge of family law, also internationally, and may advise the client about the execution of the Italian law.

Who, for example, could have the right to 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 in order to understand better the situation: during a divorce proceeding which ended eight years ago in Italy, the Court has granted the ex-wife with the right to receive the alimony (assegno di mantenimento) by means of monthly recurring payments. Since then, the husband has respected every deadline, paying on time the amount set forth under the divorce sentence, without taking care of the Istat’s updating because, being a foreigner, he does not know the express provisions set forth under Italian law which provide for this specific updating.

Please note that, due to the inflation and to the modification of the value of the currency, also the alimony could lose its purchasing power. Therefore, in order to protect the beneficiary spouse of the alimony, it is provided that the alimony may be updated yearly and that the obliged spouse may pay the “increased” sum in accordance with Italian law.

Timing and chances to recover the updating in Italy

The wife (as in the mentioned example), who for eight years has constantly received the same alimony amount, may request to receive not only the due amounts but also the interests concerning the due amounts, which have not been paid yet. The limitation term (prescrizione) is equal to five years. It means that, if the husband should refuse to pay the full due amounts not yet received, the wife could not obtain the full due amounts for the whole period since the divorce sentence. In this specific case, for instance, the wife will lose all the updating due amounts not received (and the respective interests) concerning the first three years after the divorce sentence.

How to obtain the alimony updating which has never been paid under the Italian law

In order to request all the due amounts concerning the yearly updating of the alimony, as well as to request the respective interests, the beneficiary spouse shall proceed with a formal notice (including but not limited to a registered letter) indicating the exact calculation concerning the amounts already due and not paid yet.

If the obliged spouse does not pay within the terms set forth under the notice, the beneficiary spouse shall proceed with the notice of an injunction (atto di precetto) with the necessary legal advice of an Italian lawyer.

If even this injunction is ignored by the obliged spouse, the beneficiary spouse shall have no other choice than proceeding with the foreclosure (pignoramento) of goods, of the bank account, of one-fifth of the salary or of the retirement benefits of the obliged spouse. In this case, the Italian qualified lawyer shall proceed with a private investigation concerning the goods, which could be the targets of the foreclosure, and which could also be located abroad (in this latter case, it would be appropriate to evaluate, on the basis of the country where the goods are located, which kind of proceeding may be worth to carry out). Please note that currently the enforceable deed issued by an Italian Judiciary court, adequately translated, is enforceable all over Europe and in many other countries of the world without a necessary further civil proceeding in loco in order to obtain the enforceability of the deed.

Therefore, in case of lack of updating (rivalutazione) of the alimony amount, some procedures are available in order to obtain the recovery of the due amount, which have not been paid, but it would be appropriate to proceed in a timely manner, taking into consideration the limitation term (prescrizione) equal to five years.

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.

The lawyers at Marzorati law firm are able to follow cases across Italy. If you need either legal assistance, or wish to make an appointment with one of our lawyers

CONTACT US WITHOUT ANY COMMITMENT Telefono

© Reproduction, even partial, is prohibited (all content is protected by copyright)

FacebookTwitterLinkedinWhatsappMail

logo-footer

Via Zuretti 33 – 20125 Milano
Phone. +39 026709224 – Fax. +39 026709309
For contacting us click here

© Marzorati Studio Legale 1998-2022 I P.IVA 06828160967
  • Privacy Policy
  • Note Legali
Scroll to top
Contact Us