Edmonton Journal

FIVE THINGS ABOUT DIVORCE IN ITALY

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1 WHAT HAPPENED

Divorce should not be seen as a “setup for life,” Italy’s supreme court said, in a landmark ruling that strips divorced spouses of the automatic right to hefty maintenanc­e payments. Divorcees who have independen­t means or can work will not automatica­lly receive payments to retain the same “tenor of life” after divorce, the judges of the Court of Cassation said.

2 THE CASE

The ruling was initiated by the case of American businesswo­man Lisa Lowenstein and her ex-husband Vittorio Grilli, a former Italian minister of economy and finance. The couple had an acrimoniou­s divorce in 2013. Grilli, 59, gave Lowenstein a monthly maintenanc­e payment of as much as $3 million, but legal wrangling continued as she attempted to make Grilli pay for heavy debts she had run up.

3 THE PROBLEM WITH INCOME

Lowenstein appealed to the supreme court in 2014 to receive maintenanc­e payments for life. The Milan court of appeal had rejected her applicatio­n on the grounds that her income tax returns were incomplete and her former husband’s income had “contracted.”

4 THE COURT’S RATIONALE

The judges said times had changed. They also said an obligation for former spouses to pay high maintenanc­e could constitute “an obstacle to starting a new family,” which is a right guaranteed by the European Court of Human Rights.

5 EXPECTED IMPACT

The ruling is expected to change how family law is interprete­d in the country and could end huge settlement­s, such as the $2.1M monthly cheque that Veronica Lario, second wife of media magnate Silvio Berlusconi, obtained when they split up in 2009 amid the “bunga-bunga” sex party scandal.

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