The maintenance of the former spouse
After the divorce, the two former spouses must personally provide for their own maintenance. However, as stated in art. 125 cc "If a spouse cannot reasonably be expected to provide for his / her own maintenance, including adequate retirement provision, the other spouse owes him an adequate maintenance contribution".
The same article identifies the criteria that the judge must take into consideration. In fact, depending on how long the marriage lasted and how the tasks were divided, the age, state of health, professional training, earning prospects and financial capacity of the spouse, it can exist at least for a certain period the right to maintenance contributions from the other spouse. In the event of a subsequent marriage, of course, the spouse loses the right to maintenance.
The recent jurisprudence of the Federal Court of 2020 and 2021 has innovated the calculation of the maintenance contribution.
Developing the concept of marriage that has concretely influenced the life of the spouse ("Lebensprägend"), it has ruled that in the event of divorce the right to maintain the previous marital standard of living arises.
In principle, the amount of all maintenance benefits must be calculated using the so-called two-step method with distribution of surpluses. To the extent that the available resources exceed the vital minimum (of family law), the surplus must be divided at the discretion according to the specific situation. In the event of insufficient resources, the maintenance contribution for minor children comes first, followed by the maintenance contribution for the care still due to them, then by a possible contribution for marital or post-marital maintenance by a spouse and finally from the maintenance contribution for adult children.
New facts evoked for the calculation of alimony for children can be used for the calculation of alimony in favor of the spouse / former spouse.
Support for children
Even after the divorce, the obligation remains for the parents, each according to their possibilities, to provide for the maintenance of the children, at least until the age of majority or the conclusion of the first training that allows access to professional life.
Based on art. 285 cc, the maintenance contribution must be commensurate with the needs of the child, the social situation and the possibilities of the parents, also taking into account the assets and income of the child. In addition, the judge can order that the maintenance contribution is certainly increased or reduced in the event of certain changes in the needs of the child, in the possibilities of the parents or in the cost of living.
Criminal proceedings can be initiated against a spouse who is obliged to pay maintenance contributions who, despite being able to do so, does not meet their obligations.