In cases of infidelity, when it comes to the decision to proceed with the separation or divorce the problem arises to correspond to the spouse a maintenance check. First, it is necessary to clarify the difference between the maintenance allowance and divorzile check, two expressions which at first glance may call to mind the same concept, but in reality they are two different institutions.
There is talk of alimony in case of legal separation to indicate a sum that the judge imposes to pay one of the spouses in order to economically maintain the other. In the determination of the check the judge takes into account elements such as the economic disparity of the spouses’ income, lack of separation of charge to the beneficiary spouse and livelihood, for the debtor spouse, sufficient resources to ensure the maintenance. The check divorzile, by contrast, is paid in the event of divorce, so when the marriage has failed definitively. In this case the court shall take into account the situation of the beneficiary’s spouse,
However the judgment 11507 of 10 May 2017 introduced a significant change in the allocation of spousal support. In particular, the judgment “Grilli” establishes that match the divorzile check is necessary to adopt the criterion of independence and economic self-sufficiency and not the standard of living enjoyed by the spouse during the marriage. In case of divorce, in fact, the check has the aim to guarantee the economic independence or better to say, self-sufficiency, and then in the case in which the spouse may remain alone or there shall also in the case in which he or she possibilities, is no longer entitled to maintenance.
A sentence that introduces a revolution in family law and in particular the determination of the check divorce, since, as pronounced by the Supreme Court, it is necessary to “overcome patrimonialistica conception of marriage understood as a final settlement because it is now widely shared in social customs the meaning of marriage as an act of freedom and self-responsibility. It must therefore be established that it constitutes a legal interest protected or former spouse to maintain the standard of married life. “
In this context becomes particularly important the assistance guaranteed by the services of a detective agency which can intervene in a decisive way to identify the actual state of necessity of the check payee spouse and possibly allow the customer to request a variation of ‘ check.