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Italy's Top Court Grants Civil Union Partners Equal Right to Post-Separation Maintenance

The ruling identifies need-based assistance or compensatory redress when shared life choices created economic imbalance.

Overview

  • The First Civil Section of the Corte di Cassazione ruled that civil unions follow the same maintenance rules applied to divorcing spouses.
  • Applicants must prove inadequate personal means and, where relevant, a contribution to the formation of common assets.
  • An assistential allowance may be awarded to ensure a dignified, autonomous life and is not tied to the former couple’s standard of living.
  • A perequative-compensatory allowance applies when a partner sacrificed career or income for the household and is calibrated to the contribution made to family life and patrimony.
  • Although the case concerned the dissolution of a union between two women, the court stated the principle governs all civil unions and will guide lower courts.