Divorced: new cohabitation and revocation of the allowance

What happens if the ex who receives the divorce allowance has a new relationship? The Cassation with a recent decision (Cassation Civil, ordinance nr. 18862/2022) established that, for the purpose of revoking the maintenance allowance, it is not enough that the ex-wife has woven a relationship with a new partner, but it is necessary to establish with the latter a project of common life characterized by the sharing of new needs, interests, habits, activities and social relationships, and a consolidated and protracted relationship, even in the absence of effective cohabitation, such as to positively affect the applicant's economic conditions. Therefore, it is not enough to prove the relationship but it is necessary to demonstrate stable coexistence to obtain the revocation of the allowance.

Armando Cecatiello familiarist Milan Lugano