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.