In case the spouse obliged you fail to pay alimony several legal actions are available to force him into compliance. But there is also a solidarity fund for the spouse who is in conditions of serious economic need, demonstrable through a very low ISEE value, lower than the threshold required to access other forms of assistance which should guarantee the payment of maintenance by the State.
This initiative has proved to be very effective, especially for disadvantaged and underprivileged women, who have been able to benefit from important and necessary financial support. Let’s see better:
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Who is entitled to the maintenance allowance paid by the State
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Support paid by the state, what is the amount
Who is entitled to the maintenance allowance paid by the State
The solidarity fund is intended for separated spouses who do not receive the periodic check payment owed by the spouse obliged to do so from 1 January 2016 onwards. In order to access this fund, the requesting spouse must demonstrate that they are in a state of actual economic need, with an ISEE value of less than 3,000 euros and no income.
Support from the fund is provided only to separated spouses with disabled minors or adult children, while separated spouses without children and with non-disabled adult children are excluded. The solidarity fund for the spouse is foreseen only in the phase of marital separation and not in that of divorce.
THE beneficiaries of the solidarity fund for the spouse they receive directly from the State the amount of maintenance allowance due to them, established by the separation judge. Subsequently, the Ministry of Justice can take action against the spouse obligated to pay to recover the sums disbursed. Basically, the State advances the payment of the maintenance allowance to the needy spouse, with subsequent recovery actions of the amount due.
Support paid by the state, what is the amount
The solidarity fund for the spouse is disbursed only to separated spouses with minor children or adults if disabled. Separated spouses without children, separated spouses with non-disabled adult children and divorced spouses are not included in the benefit. The measure is envisaged only for the phase of marital separation and not for the subsequent phase of divorce. The maintenance is however due on the basis of various assumptions, in the form of the divorce allowance.
The amount paid out by the solidarity fund for the spouse cannot exceed the amount of child support established by the judge in the judgment of judicial separation or in the provision approving the consensual separation. In any case, the maximum monthly amount disbursed by the solidarity fund for the spouse cannot exceed the maximum monthly amount of the social allowance, which for 2023 is equal to 503.27 euros for 13 months.
The solidarity fund for the spouse can be activated even in cases of partial default the periodic payment obligation. For example, if a spouse obliged to pay 150 euros per month of maintenance pays only 50, the other spouse can request the intervention of the fund to obtain the remaining 100 euros.
The application to access the solidarity fund for the spouse must be presented through a appeal to the competent court or the one who issued the sentence of marital separation. But not all Italian courts are authorized to grant such a request. Only the courts that had started the trial are authorized to manage this procedure. To submit the request, it is necessary to fill in a special application form available on the website of the Ministry of Justice, on the page dedicated to the Solidarity Fund for the protection of spouses in need.
