When the ex-spouse is not entitled to maintenance

Maintenance allowance can be ordered to allow the economically weaker ex-spouse to provide for his needs after separation or divorce (and in the latter case it is called divorce allowance).
This contribution, however, is not necessarily foreseen in every case of separation or divorce, but only when certain legal requirements are met, in fact it is not always due.
Obviously we immediately think of those situations in which there are no significant economic disparities between the spouses, but this is not the only thing that can prevent the recognition of the maintenance allowance, which can in fact be denied even to the economically weaker ex-spouse.
When the ex-spouse is not entitled to maintenance We are used to thinking that the maintenance allowance is almost automatically due to the less well-off spouse, but this is not the case at all.
Especially in more recent times, jurisprudence has shown a lot of selectivity on the topic, even more so with regard to divorce allowance, which is already more limited in itself.
In particular, maintenance is due to the ex-spouse who is less well off financially and who is unable to provide for his own life needs, or in any case not completely, and cannot resolve this condition immediately.
The right to maintenance is subject to the presence of all these elements, as well as the economic possibilities of the other spouse.
The same also applies to the divorce allowance, which follows the same logic, but from a more considered perspective.
The amount of the divorce allowance, if recognized, must in fact be limited to covering the essential needs of the ex-spouse.
The maintenance allowance must instead ensure the beneficiary the same standard of living as marriage, even if the Court of Cassation has often shown itself to attenuate this rule.
Consequently, the maintenance allowance is not due to the ex-spouse who does not meet the criteria established by law.
For example, maintenance is not due when: There is no economic disparity; there is economic disparity but the weaker spouse manages to support himself with dignity; the ex-spouse does not work but is not blameless (for example because he is not looking for work, despite having age, qualifications and experience); the ex-spouse cannot work without fault but receives or can receive other types of income (such as real estate income); the ex-spouse is in a position to find a job based on his state of health, his educational and professional background.
Furthermore, the maintenance allowance is never due to the spouse who was blamed for the separation, since it caused the marital breakdown.
read also Divorce allowance taken away from those who make luxury expenses: here's what it means and what to pay attention to When you lose the right to maintenance In addition to the numerous cases in which the right to maintenance is not recognised, there are just as many which concern the forfeiture of the right already recognized.
The obligation to pay maintenance or divorce payments, in fact, can be reduced or cease at any time as conditions change.
In particular: Change in economic and financial conditions (the former beneficiary spouse has resolved the economic problems or, on the contrary, the obligor is no longer able to meet the payments); the former beneficiary spouse has remarried, while the mere establishment of a new stable cohabitation must be assessed by the judge to understand whether it corresponds to renewed economic stability or not; the former beneficiary spouse now has the ability to provide for himself but does not.
However, everything said regarding the maintenance of the ex-spouse has no relevance with regard to the maintenance of children.
In particular: minor children always have the right to maintenance from their parents; adult children are entitled to maintenance until they are economically self-sufficient (provided that the wait is innocent) or when they have serious handicaps that prevent or hinder the achievement of the aforementioned autonomy.
It is therefore not possible to escape the maintenance obligation towards children, unless they are adults and guilty, while the ex-spouse's right is more limited from this point of view.
read also Maintenance allowance, be careful: this is when it reduces

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