Divorce allowance also in civil unions
Its function is to compensate for sacrifices in the life of a couple
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Key points
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Divorce cheque may also have to be paid in the context of civil unions. This was affirmed by the Supreme Court in Order No. 25495 of the First Civil Section filed on Wednesday 17 September 2025. The Court, in expanding on the law, first emphasises the difference between maintenance allowance and divorce allowance.
The distinction
.The first presupposes the persistence of the marriage bond even in the condition of separation and is based on the endurance of the duty of material and moral assistance; it is also linked to the standard of living maintained during the marriage, the preservation of which it tends to guarantee, even if it cannot extend to what the applicant is actually able to provide for himself.
Divorce Cheque
Divorce allowance, on the other hand, presupposes the dissolution of the bond and that the ex-spouses undertake an autonomous life, whereby only a bond of post-marital solidarity remains, with a stronger emphasis on self-responsibility, which because of the divorce becomes individual, with the consequence that both are obliged to procure means that allow each to live independently and with dignity.
The care function
.The welfare function of the divorce allowance is therefore different from that of the separation allowance and does not meet the need to equalise, always and in every case, the economic disparity between the parties. According to the case-law of this Court, in the matter of divorce allowance, there may be a need for assistance when the former spouse lacks sufficient financial resources to meet normal living needs, in such a way as to live independently and in dignity, and cannot in practice provide for them, with the result that he or she cannot cope independently, despite the reasonable effort that may be required of him or her, with the path of life following the divorce.
The node of economic resources
.As far as divorce allowance is concerned, a welfare need may be spoken of when the ex-spouse is deprived of economic resources to satisfy normal living needs and cannot in practice procure them, with the consequence that he/she cannot cope independently, despite the reasonable effort that may be required of him/her, with the path of life after the divorce. Principles that for the Supreme Court are undoubtedly also valid for the divorce allowance claimed after the dissolution of the civil partnership.
