Overview
- The Court of Cassation ruled that a divorce-style allowance can be granted after a civil union under the same principles applied in marriage.
- Judges identified two functions for such payments: an assistential role to ensure a dignified, autonomous life and a compensatory role to address sacrifices made for the couple’s life.
- For the assistential function, any award is calibrated to the claimant’s existential needs rather than to the former standard of living.
- When a concrete contribution to family life or to building shared and the other partner’s personal assets is proven, the amount must be tied to that contribution.
- The case stemmed from the breakup of a civil union between two women, with lower-court outcomes oscillating around a €500 monthly award before the Cassation’s final decision.