Ex-spouse with chronic illness is entitled to more money

An exspouse with a serious illness is entitled to an increased maintenance allowance on account of his or her condition and needs. This was ruled by the First Civil Section of the Court of Cassation in its Order 25618/2025, filed on 18 September.

After a long court procedure, a woman from Calabria appealed for a revision of the amount of her allowance. The applicant was recognised as having a 75% disability and, as claimed by the couple, did not have the necessary skills to enter the labour market. The woman justified the claim with three arguments. Firstly, the allowance should have taken into account not only the welfare component, but also the perequo-compensation component: the wife would not have contributed to the family income through no fault of her own. Already during the marriage, the woman was suffering from psychiatric illnesses and depressive crises that prevented her from working. In addition, the allowance, in her view, had been calculated by underestimating her husband's economic capacity - which was not fully represented by his tax return - and overestimating hers.

According to the Court, in order to recognise the equalising and compensatory function of the divorce allowance, it is necessary for the disparity between the spouses to depend on a sacrifice that the economically weaker party has borne for family needs. When this is not proven, the allowance only fulfils the assistance function, provided that the economically disadvantaged spouse does not have or cannot obtain the means to live in dignity. The inability to provide for oneself, however, must not result from inert behaviour or behaviour contrary to the principle of self-responsibility. The Court of legitimacy, even without recognising the equalisation-compensation component, does however recognise the welfare portion of the divorce allowance to the applicant and provides for the possibility of increasing the amount by reason of the pathology suffered and the needs it determines.