Civil unions, Supreme Court opens possibility of maintenance allowance after relationship dissolution

Rome, Sept. 19 (LaPresse) – A step forward toward equating civil unions with marriage, reinforcing the principle of equality of rights and duties even after the end of the relationship, was established by the ruling of the First Civil Section of the Italian Supreme Court on September 17. The Court clarified a decisive point regarding property rights arising from the dissolution of civil unions. Specifically, it addressed the recognition of a monthly allowance for one partner, drawing a parallel with divorce in marriage. The Supreme Court judges established that, even within a civil union, a post-separation allowance can be granted if the applicant lacks sufficient economic means and if the allowance serves an assistance and/or compensatory-equalization function. The assistance function applies when the former partner cannot maintain an autonomous and dignified life, nor realistically obtain the means despite efforts, with the allowance intended to meet essential needs regardless of the standard of living during cohabitation. The compensatory-equalization function is more complex and applies when the economic disparity results from joint choices made during the relationship, such as professional or income sacrifices by one partner in favor of domestic management or contributing to the common or personal wealth of the other. In such cases, the allowance must reflect the value of this contribution. The Court further clarified that the compensatory function encompasses the assistance function, and only when it is present can the allowance be quantified based on the contribution to family life, aligning with criteria already recognized in matrimonial divorce law.