Assegno divorzile e autoreponsabilità

The jurisprudential evolution of the divorce allowance has progressed hand in hand with the emergence and growing recognition of the principle of self-responsibility of the economically weaker spouse. This paper, through the analysis of the main rulings of the Italian Supreme Court of Cassation – from the 1987 reform to the 2017 turning point, and the 2018 decision of the Joint Sections – highlights the transition from a purely welfare-oriented conception of the allowance to a balanced view between post-marital solidarity and individual self-determination. In particular, the principle of self-responsibility finds concrete application in lump-sum payments or time-limited allowances, aimed at encouraging the economic reactivation of the weaker spouse and promoting a negotiated resolution of the marital crisis. The analysis thus shows how the spouses’ contractual autonomy and the enhancement of individual responsibility now represent the cornerstones of the current legal framework governing the divorce allowance.