Italian law: Consequences of fault in marital separation

Under Italian law, specifically Article 151 of the Civil Code, a judge may assign the fault of a separation to one spouse if their behavior violates marital duties such as fidelity, moral and material assistance, or cohabitation.

Proving such violations requires significant evidence, as mere allegations of infidelity are insufficient in civil proceedings. A finding of fault carries serious financial and legal consequences, including the loss of the right to receive maintenance alimony—leaving only a limited right to food assistance in cases of proven need—and the loss of inheritance rights.