Italian Family Law: An Overview

Italian law treats the end of a marriage as two separate legal events, not one. Separazione (legal separation) comes first for almost every couple, and divorzio (divorce) is a distinct, later proceeding that actually dissolves the marriage bond. The money questions on each side of that line, and the custody arrangements for any children, follow their own separate rules too.

This page orients that landscape and points to the four pages in this section that carry the full mechanics: separation itself, divorce, the two different maintenance regimes, and how each interacts with children.

Information verified on 21 July 2026. This page provides general legal information and does not constitute legal advice for an individual situation.

Separazione first, divorzio later

A separazione suspends a married couple's duty to live together and reorganizes their finances, but it leaves the marriage bond itself intact. Neither spouse can remarry until a later divorzio is granted. Our page on legal separation in Italy covers how a separazione actually changes a couple's situation, the three ways to reach one, and how a court can attribute addebito, fault, to one spouse.

Divorzio is the separate, later proceeding that dissolves the marriage's civil effects outright. In practice, almost every Italian divorce proceeds once the couple's required separation period has run, now shortened by the divorzio breve reform. Our page on divorce in Italy covers the real ground almost every case uses, the exact waiting periods, and the option, since the Cartabia reform, of requesting separation and divorce in the same filing.

Three routes, whichever stage a couple is in

The same three procedural routes apply to reaching either a separation or a divorce: a contested or consensual case before the tribunale, negoziazione assistita with a lawyer for each spouse, or a joint declaration before the Ufficiale di Stato Civile at the Comune. The Comune route is the fastest but the narrowest, closed outright wherever there are minor children, incapacitated or severely disabled adult children, or a property transfer to include in the agreement.

Negoziazione assistita remains available even with children in the picture, reviewed more closely by the procuratore della Repubblica for their interest. Our legal separation page works through exactly which route fits which family situation, and the same routes apply once the couple later moves to divorce.

Two different assegni, and why the difference matters

Money that changes hands during and after a marriage's end comes from at least two, and sometimes three, entirely different legal tests, and confusing them is the single most common mistake in this area. During a separation, a financially dependent, non-fault spouse may receive an assegno di mantenimento under art. 156 c.c., a right that stops once a divorce becomes final. Our page on spousal and child maintenance separates that spousal assegno from the entirely different child assegno under art. 337-ter c.c., which continues regardless of either parent's fault and regardless of the divorce.

After a divorce, any further spousal support depends on a fresh claim to an assegno divorzile under art. 5, L. 898/1970, assessed by weighing each spouse's contribution to the family and to the other's career, the marriage's duration, and each spouse's own means, not the marital standard of living. Our assegno divorzile page works through that test and the 2018 Cassazione ruling that settled it, and deliberately does not compute a figure, since Italian law itself supplies no formula for one.

Children: custody as its own question

Where a couple has minor children, the same proceeding that grants a separation also settles custody. Affidamento condiviso, shared custody, is the default outcome, and a court departs from it only where shared custody would harm the child. Which parent the children actually live with day to day is judged separately from custody itself, and is covered, together with the child assegno's own factors, on our spousal and child maintenance page.

For the wider range of Italy coverage on this site, see the Italy hub.

Frequently Asked Questions

What is the difference between separazione and divorzio in Italy?

Separazione suspends a couple's cohabitation and reorganizes their finances while the marriage bond continues; neither spouse can remarry. Divorzio is a separate, later proceeding that dissolves the marriage's civil effects outright, after which both spouses are free to remarry.

Do we have to separate before we can divorce in Italy?

In practice, yes, for almost every case. A couple generally has to complete the legally required separation period before either can seek a divorce, though a couple in a contested separation can now ask for the divorce in the same filing under the Cartabia reform.

Is assegno di mantenimento the same thing as assegno divorzile?

No. The assegno di mantenimento (art. 156 c.c.) is paid during a separation to a non-fault, financially dependent spouse. The assegno divorzile (art. 5, L. 898/1970) is a separate right, assessed under a different test, that can follow a later divorce.

Is there a formula for calculating spousal or child maintenance in Italy?

No. Italy has no official table or formula for the assegno di mantenimento, the assegno divorzile, or the child assegno. Each is set case by case by a judge weighing statutory factors against the family's own circumstances.

Who gets custody of the children after a separation in Italy?

Affidamento condiviso, shared custody, is the default outcome for minor children, with both parents keeping parental responsibility. A court orders sole custody only where it finds shared custody would harm the child.

Can a couple separate or divorce without going to court in Italy?

Yes, through negoziazione assistita with a lawyer for each spouse, or, where there are no minor or dependent children and no property to transfer, a joint declaration before the Ufficiale di Stato Civile at the Comune.