Divorce maintenance 2025: criteria, calculation, updates and key case law

What is divorce maintenance and why is it important?

Discover what divorce maintenance entails, how it is calculated in 2025, and which factors influence its award according to the latest case law.

Protect your rights after divorce.

Once the marital bond has been officially dissolved by a divorce decree, the judge – upon request by either party – may order the other ex-spouse to pay a monthly divorce maintenance allowance.

This financial support is not automatically granted and is the result of careful judicial assessment.

The Italian Supreme Court of Cassation has frequently ruled on the subject, highlighting the evolution of society and of the legal concept of justice in divorce matters.

When it was first introduced in 1970, the maintenance payment acted as a form of compensation for the so-called “weaker” spouse, allowing them to maintain the standard of living enjoyed during the marriage. Today, the focus is on the actual needs of the applicant, their ability to support themselves with dignity, and their contribution to the lifestyle established during the marriage.

What is divorce maintenance and why is it important?

Divorce maintenance is a financial contribution that one former spouse may be required to pay to the other following the end of the marriage.

It is not an automatic entitlement, but rather a measure that the court may grant, upon request, based on specific legal criteria, which continue to evolve in line with societal changes.

The current rationale is to provide support in cases where one spouse gave up career or personal development opportunities to care for the family.

In situations where there is an income imbalance, divorce maintenance serves as a tool of compensatory and social justice.

Criteria for awarding divorce maintenance

When one of the ex-spouses applies for divorce maintenance, the judge must assess:

• Duration of the marriage
• Financial conditions of both parties
• Age and health
• Contribution to family life
• Employment capacity and willingness to work
• Presence of minor or dependent children

Since 2018, the Supreme Court has clarified that divorce maintenance has not only a supportive but also a compensatory and redistributive function.

In other words, it protects those who sacrificed earning potential and personal development to support the family.

Purpose of divorce maintenance

As mentioned, the maintenance payment serves two primary functions:

Supportive

To ensure a dignified existence for the economically weaker spouse who would otherwise struggle to sustain themselves after the divorce.

Compensatory and redistributive

It considers the contribution each spouse made to building the family’s wealth and seeks to balance any resulting financial disparities.

How is the amount of divorce maintenance calculated?

The calculation is based on a number of economic and social factors, aiming to support the applicant spouse without turning the other into an open wallet simply because they are financially better off.

There is no rigid formula, but courts consider both spouses’ income and assets, the duration of the marriage, and the economic needs of the applicant.

Essentially, the same criteria used to determine eligibility are applied to calculate an appropriate amount.

Judicial discretion also plays a role, as judges can vary the amount awarded based on the specific circumstances of each case.

Divorce maintenance and judicial interpretation

As mentioned, the Supreme Court has often been called upon to determine who qualifies for divorce maintenance, the awarding criteria, and the appropriate amount.

While the law remains formally unchanged since 1970, case law has led the way in defining how the rules should be applied in practice.

A turning point was the landmark Grilli judgment (Cass. no. 11504/2017), which for the first time affirmed that divorce maintenance should primarily serve a supportive function, justified only when the recipient is unable to provide for their own needs.

One year later, United Chambers ruling no. 18287/2018 recognised a combined function: supportive, redistributive, and compensatory.

This interpretative shift acknowledged that a former spouse is entitled to maintenance if they gave up work (or more favourable work conditions) for the family, and now face economic disadvantage as a result.

While this often applies to women, many men have also stepped back from their careers to support their wives.

For instance, a woman who left her job or accepted a lower-ranking position to raise children and support her husband’s career may be entitled to maintenance as compensation for the economic and pension-related disadvantages suffered.

In judgment no. 10016/2023, the Court awarded divorce maintenance to an ex-husband who had continued working while his wife – thanks to his support – had completed her education and significantly improved her earning capacity.

However, income and sacrifice are not the only factors considered.

Many aspects of the couple’s life together are examined to assess the applicant’s role in building the family’s wealth, which they can no longer access.

Among these is established pre-marital cohabitation, where the couple lived together for years in a stable family-like relationship before marriage.

In Civil Cassation judgment no. 35385/2023, pre-marital cohabitation was deemed relevant to divorce maintenance, if sacrifices made during that period contributed to the standard of living established in the marriage.

Divorce maintenance and children: what changes?

Divorce maintenance is distinct from child maintenance and from post-separation support (see: “Child Maintenance, Separation and Divorce”).

That said, the presence of children can indirectly influence the judge’s decision, especially if one parent limited their work to care for them.

In cases involving minor or disabled children, the financially weaker parent may have a stronger case for receiving maintenance.

One-off divorce maintenance payment

Divorce maintenance can be paid periodically, usually monthly, or as a one-off lump sum.

If a lump sum is agreed, the recipient forfeits all future financial claims against the ex-spouse (including alimony, pension shares, inheritance, etc.).

Likewise, the payer cannot later request a reduction or reimbursement.

The lump sum definitively closes all financial and property relations between the ex-spouses.

This option must be requested at the time of divorce and is subject to court approval as to its fairness.

It is not available if the couple divorces through a civil registrar (i.e. administrative divorce).

Unlike monthly payments, the lump sum is not taxable for the recipient and not deductible for the payer.

Can divorce maintenance be modified or revoked?

Divorce maintenance is not fixed. Either party’s financial circumstances may change over time, and the law allows for modification or termination of the payment for “justified reasons”.

The paying party may request its reduction or termination if their financial situation worsens, or if the recipient’s improves.

The right to maintenance automatically ends if the recipient remarries.

It may also be revoked if the recipient enters a new long-term domestic partnership, suggesting the formation of a substitute family unit.

In any case, legal assistance is required to initiate a revision process.

When is divorce maintenance excluded?

The court may deny maintenance if:

• Both spouses are financially self-sufficient
• The applicant did not make significant sacrifices during the marriage
• The applicant has entered a new stable and lasting domestic partnership

Non-payment of divorce maintenance

If the maintenance payment is not made, the recipient may take legal action, including formal warnings, enforcement proceedings (seizure of assets), or in severe cases, criminal complaints.

The paying ex-spouse, if facing financial hardship, has the right to request a reduction or suspension before more serious consequences arise.

Legal remedies in case of non-payment include:

1. Formal warning letter
   Sent by a lawyer to the defaulting party, requesting payment of arrears within a specified deadline.
2. Enforcement
   If the warning is ineffective, the recipient may seek to seize the debtor’s assets (bank accounts, wages, etc.).

The court that ordered the maintenance may authorise enforcement even before the judgment becomes final.

3. Criminal complaint
   In case of repeated or serious default, the recipient may file a complaint for breach of family support obligations (Article 570-bis of the Criminal Code), which carries fines or imprisonment.
4. Action against employer
   In certain cases, the recipient may directly seek payment from the defaulting spouse’s employer, bypassing the courts.

Failure to pay maintenance may have serious legal, and even criminal, consequences, particularly when it jeopardises the subsistence of the recipient or any children.

Why it is essential to know your rights

Divorce maintenance is one of the most sensitive aspects of divorce proceedings.

Understanding the criteria, purpose and evolving case law is key to protecting your rights and facing separation with greater awareness.

If you believe you are entitled to maintenance, or fear you may be required to pay it unfairly, it is crucial to consult a lawyer to assess your specific situation.

Uncertain about your right to divorce maintenance?

Every family situation is unique. If you are going through a divorce or wish to review a maintenance order, contact Boccadutri Law Firm today for a personalised consultation based on the latest Family and Divorce Law case law.

FAQ – Frequently Asked Questions on divorce maintenance

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
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Calogero Boccadutri

Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. He has trial experience in Forex, Personal Injury and Administrative litigation.