Weekend Herald

Italian court rules against divorce payments for life

- John Phillips

Divorce should not be seen as a “setup for life”, Italy’s supreme court has 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 maintenanc­e payments that in the past were assessed on the basis that ex- spouses have a right to retain the same “tenor of life” after divorce, the judges of the Court of Cassation said.

The ruling is expected to change how family law is interprete­d in the country and could end huge settlement­s, such as the 1.4 million ($ 2.2m) monthly maintenanc­e cheque that Veronica Lario, the second wife of media magnate Silvio Berlusconi, obtained when they split up in 2009 amid the “bunga- bunga” sex party scandal.

The supreme court 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 € 2m after they separated to maintain her lifestyle, but legal wrangling continued as she attempted to make Grilli pay for heavy debts she had run up.

Lowenstein appealed to the Italian 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” in the meantime.

The Cassation Court judges said times had changed and Italians must “overcome the wealth- based conception of marriage understood as a ‘ definitive set- up’.” The judges said they were also making the new ruling because 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.

 ??  ?? Silvio Berlusconi
Silvio Berlusconi

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