ITALY Law and Practice Contributed by: Carlo Rimini and Rebecca Andrello, Studio dell’avv. prof. Carlo Rimini
Provision of Information The parties must provide relevant information about their income or assets in order for spousal support to be granted. In particular, according to the recent reform of civil proceedings in Italy (contained within Law No 206/2021 and Legis - lative Decree No 149/2022), in legal separation and divorce cases the spouses must provide: • evidence of their own tax returns for the past three years; • the documents concerning their property (eg, real estate, vehicles, boats) and shares in companies; and • the statements of their bank accounts and investments for the past three years (Articles 473-bis.12 and 473-bis.48 of the Italian Civil Procedure Code). Many courts in Italy also require the spouses to submit a “disclosure form”, in which they are each supposed to provide even more detailed information than is required by law (housekeep - ers, insurance policies, membership of clubs and associations, the availability of rental properties, the enrolment of children in private schools, etc). If the evidence provided by the spouses is con - tested or if the judge considers it to be inaccu - rate, a further investigation into their income and assets can be ordered (with the help of the tax authorities if necessary). Moreover, the judge may draw conclusions from the behaviour of the parties during the proceed - ings (eg, providing inaccurate or incomplete information on their own economic conditions), from the answers of the parties during formal questioning and from their unjustified refusal to allow inspections (Articles 473-bis.18 and 116 of the Italian Civil Procedure Code).
Modification It is always possible to ask for the modification of legal separation/divorce spousal support if the circumstances of the spouses or the family change. When making its decision on spousal support, the court is supposed to explain the reasons of the decision itself, which is effective rebus sic stantibus. At the request of each of the parties, if the reasons for the decision change on the basis of new facts that unexpectedly developed after the decision was made (eg, a worsening of the financial position of the debtor or an improve - ment in the financial position of the claimant), the court may revise spousal support. Financial orders concerning spousal support issued during legal separation or divorce pro - ceedings are never final unless the payment of a lump sum is made (Article 5, Section 8 of the Italian Divorce Law). Lump Sum The payment of a lump sum (known as an una tantum payment) instead of periodical mainte - nance can only be agreed by the parties them - selves and only at the moment of the divorce (not at the moment of legal separation). The judge cannot order the payment of a lump sum on their own motion; nevertheless, so that the lump sum agreed by the parties definitively stops any financial claim between the spouses, the judge has to ascertain that its amount is fair (generally speaking, this check is only formal). 2.5 Prenuptial and Postnuptial Agreements Prenuptial and postnuptial agreements deal - ing with the effects of a future legal separation/ divorce (in terms of maintenance rights) are null and void in Italy. The most recent decisions on
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