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As of 2015 the Cassation, in simple sections, has always specified that those who live together lose the right todivorce allowance. A rule that had its own consistency in those years, in which the check was linked to the standard of living.
In 2017 first and then in 2018, the judges, however, changed their orientation, specifying that the divorce allowance does not serve to maintain the standard of family life but, on the one hand, to guarantee those who have no means to be able to “survive” (welfare component) and, on the other, to compensate for the sacrifices that one of the two spouses did during the marriage for the family and for the children (compensatory component).
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