Can I maintain the same lifestyle after a divorce in Italy?

A common question in divorce is whether it’s possible to keep the same standard of living as during the marriage.

The short answer today is: usually not.

Italian law no longer treats divorce settlements as a way to replicate the marital lifestyle. Instead, the focus is on supporting the financially weaker spouse in a fair and proportionate way, based on real needs and contributions - not past comforts.

How divorce alimony has evolved

Italian case law - especially following the landmark Supreme Court decision Sezioni Unite No. 18287 of 2018 - has moved away from the idea that alimony should ensure the same standard of living enjoyed during marriage. Today, alimony has a mainly supportive role, combined with compensatory and equalising functions.

“The balancing function of divorce alimony is not intended to recreate the marital standard of living, but to recognise the role and contribution of the economically weaker spouse to the creation of the family’s and personal assets.”

The two-step assessment

1. Step 1 - An debeatur (Does the right exist?): The court first verifies whether the applicant lacks sufficient means or cannot obtain them for objective reasons (such as age, health, or employment difficulties). The focus is no longer the marital lifestyle, but economic independence - the ability to lead an autonomous and dignified life.
2. Step 2 – Quantum debeatur (How much?): Only if the first test is met does the court determine the amount, applying the criteria set by law in light of the alimony’s modern purpose.

The key functions of alimony

• Supportive: Ensures that the economically weaker spouse can maintain a dignified standard of living, without restoring the marital lifestyle.
• Compensatory–Equalising: Recognises sacrifices made for the family, including career or income opportunities given up to care for children or support the household.
• Residual or compensatory: In limited cases, the payment may reflect the reasons for the divorce itself.

Simply sharing household expenses or contributing to property renovation does not automatically justify alimony: the contribution must be significant and demonstrable.

How judges assess alimony

When deciding on alimony, judges compare the financial positions of both parties, considering:

• Current income, assets, and financial resources
• Personal and financial contributions to the family
• Duration of the marriage
• Reasons for the divorce
• Age and health of the applicant
• Real - not hypothetical - earning potential

The difference between separation and divorce

During separation, financial support is still based on the standard of living during the marriage.
After divorce, however, that link ends. The alimony becomes a matter of post-marital solidarity and compensation, not a continuation of the previous lifestyle.

In conclusion

It is no longer a right to maintain the same lifestyle after divorce.

Economic disparity alone does not justify alimony. The modern approach aims to promote independence and to fairly balance the economic effects of choices made during the marriage - without indefinitely extending the financial consequences of a relationship that has ended.