Alimony payments: rights, obligations and updates for 2025

Alimony, also known as spousal support or spousal maintenance, is a financial arrangement aimed at ensuring that the spouse who is financially dependent can maintain a similar standard of living after a separation or divorce. In recent years, as divorce rates rise in both the UK and Italy to record levels, we have noticed a sharp increase in cases where ex-spouses are failing to make alimony payments. This can result in serious consequences for both the non-paying spouse, the recipient and their family.

In this article written by our dedicated team of Family Law solicitors here at The Italian Lawyer, we cover the consequences and implications surrounding alimony payments and its related issues.

Alimony, or spousal support, can come in different forms, each tailored to specific needs and circumstances of the individuals involved. Below is an overview of the main types of alimony that courts may award:

• Temporary Alimony: This type of alimony is awarded during the divorce process to help support the lower-earning spouse while the divorce proceedings are ongoing. It is often used to bridge the gap between the separation and the final divorce decree.
• Rehabilitative Alimony: This type of alimony is designed to help the lower-earning spouse become financially independent. It’s often awarded for a specific period, such as a few years, to allow the recipient to acquire new skills or return to the workforce.
• Permanent Alimony: This type of alimony is awarded to the lower-earning spouse for an indefinite period or until a specific event occurs, such as the recipient’s remarriage or death. It’s typically awarded in cases of long-term marriages where one spouse has significantly sacrificed their career or earning potential to support the family.

For the non-paying spouse, legal repercussions can include a range of punitive measures. Courts take alimony payment obligations seriously; repeated failure to pay may lead to contempt of court charges. This could result in fines or even incarceration as a last resort if it’s deemed necessary by the court. Moreover, failure to make alimony payment could negatively affect their credit rating, making it more challenging to secure loans or mortgages in the future.

On the other hand, for the recipient of alimony, failure to receive these payments can have financial implications. The intended support often covers essential expenses such as housing and daily living costs. When payments are missed, it may force the recipient into a potentially precarious financial situation that may require them to seek alternative means of income or assistance. In response to alimony defaults, courts often have several enforcement measures at their disposal. They may garnish wages directly from an employer’s payroll or seize assets owned by the non-compliant spouse. Additionally, some jurisdictions allow for tax refunds owed to be intercepted until overdue payments are settled.

Ultimately, both parties must understand that neglecting alimony responsibilities not only harms relationships but also invites significant legal trouble and instability into their lives. It is always advisable for individuals facing difficulties with payment obligations—whether paying or receiving—to seek legal counsel promptly in order to explore potential modifications and avoid unnecessary conflicts down the line.

Firstly, it is important to recognise that alimony is not simply a gift: it is a legal obligation established during divorce proceedings. As an alimony recipient, you have the right to receive financial support that reflects your needs and the standard of living you were accustomed to during your marriage. Factors such as duration of marriage, both parties’ financial situations, and contributions made during the marriage will be taken into consideration by the judge when determining eligibility and amounts. Moreover, recipients should be aware of their right to modify or terminate an alimony agreement under certain circumstances—such as changes in income or cohabitation with a new partner.

It’s advisable to document any changes in financial circumstances meticulously and consult with a legal professional if necessary. Additionally, remember that communication plays a significant role throughout this process. Engaging openly with your ex-spouse regarding expectations around payments can foster cooperation rather than conflict. This approach may help facilitate timely payments while also preserving some level of amicability post-divorce. Ultimately, being informed about these rights not only safeguards your interests but also provides peace of mind as you navigate this challenging period in life. This is how alimony payments are being enforced in the UK, Italy and the EU:

Italy takes a notably stricter approach to alimony non-payment. Under Article 570 of the Italian Criminal Code, defaulting on maintenance payments can be treated as a criminal offense, potentially resulting in imprisonment for up to one year and fines up to €1,032. The Italian system also employs administrative sanctions, including the suspension of driving licenses and professional certifications.

The Italian courts can order immediate wage garnishment without requiring additional hearings (known in Italy as pignoramento dello stipendio), seizure of assets and even withdrawal of passport, making this one of the most effective enforcement tools. Unlike the UK, the Italian system more readily applies criminal penalties as a deterrent against non-payment and ny court order for alimony payments becomes immediately enforceable. This means:

• You don’t have to wait for additional court procedures
• You can start collection proceedings right away
• If payments are missed, you can request asset seizure (pignoramento) to recover what you’re owed

In the UK, failing to pay court-ordered alimony can trigger a series of escalating consequences. The courts typically start with an Attachment of Earnings Order, directly deducting payments from the debtor’s wages. If this proves insufficient, the Family Court can issue a Charging Order against the debtor’s property or investments, effectively securing the debt against these assets.

For more serious cases of non-payment, the court may issue a Third Party Debt Order, freezing the debtor’s bank accounts and redirecting funds to the recipient. In extreme cases where willful non-payment is proven, the court can issue a Judgment Summons, potentially resulting in up to six weeks’ imprisonment – though this measure is rarely used in practice.

International divorce cases present unique challenges for alimony enforcement. In our experience, the UK’s exit from the EU has complicated matters, even when both countries remain signatories to the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance. This means maintenance orders can still be enforced across borders, though the process may take longer than before Brexit.

For cases involving EU residents seeking enforcement in Italy, the process is streamlined under EU Regulation 4/2009, allowing for automatic recognition of maintenance orders. However, when UK orders need enforcement in Italy, the process now requires additional steps through the countries’ respective Central Authorities.

As an alimony recipient in the UK or Italy, it’s crucial to be aware of your rights and the legal avenues available to you. Both countries have specific laws and procedures governing alimony, and seeking legal advice from a Family Law lawyer is highly recommended to ensure you fully understand your options.

Legal Standing and Enforcement

In both the UK and Italy, alimony recipients have the right to enforce court-ordered payments. This means that if your ex-spouse fails to make the required payments, you can take legal action to compel them to do so. The specific procedures for enforcement varies between the two countries, but generally involve filing a petition with the court.

Alimony entitlement

The criteria for awarding alimony in the UK and Italy are similar, but there may be some nuances. In both countries, courts consider factors such as the length of the marriage, the financial needs of the recipient, the earning capacity of both parties, and the standard of living during the marriage:

UK:

The UK courts generally take a needs-based approach, assessing the recipient’s financial needs and the payer’s ability to pay.The duration of alimony is typically determined by the circumstances of the case, but it can be for a fixed term or until certain events occur.

Italy:

Italy’s alimony system is somewhat more fault-based, meaning that the court may consider the reasons for the divorce when determining the amount and duration of alimony. Alimony in Italy can be for a fixed term or until certain events occur, such as remarriage or a significant change in circumstances.

Seeking Legal Advice

Consulting with a family solicitor is essential for understanding your specific rights and the best course of action in your situation. An family law lawyer can provide guidance on:

• Your eligibility for alimony: Assessing your financial needs and the factors that may affect your eligibility.
• Calculating the appropriate amount: Determining the fair and reasonable amount of alimony based on your circumstances.
• Enforcement procedures: Understanding the steps involved in enforcing a court-ordered alimony agreement.
• Negotiation and settlement: Exploring alternative dispute resolution options to reach a mutually agreeable agreement.

By seeking legal advice, you can ensure that your rights as an alimony recipient are protected and that you receive the support you deserve.

If your ex-partner is consistently failing to make alimony payments, you have several options available to you. Here’s a breakdown of the steps you can take:

1. Enforcement Options

UK:

• Filing a Form A: This is the initial step to enforce a court order. You can file Form A (standard form for the statement of maintenance arrears) with the court that made the original order.
• Writ of Execution: If the ex-partner fails to comply with the enforcement order, you can apply for a writ of execution, which allows the court to seize assets to satisfy the debt.
• Attachment of Earnings: The court can order your ex-partner’s employer to deduct alimony payments from their wages.

Italy:

• Petition to the Court: File a petition with the court that issued the original alimony decree.
• Seizure of Assets: The court can order the seizure of your ex-partner’s assets to satisfy the debt.
• Attachment of Income: Similar to the UK, the court can order the attachment of your ex-partner’s income.

2. Filing a Motion for Contempt

If your ex-partner continues to fail to make payments despite enforcement efforts, you can file a motion for contempt of court. This can result in serious consequences, such as fines or even imprisonment.

3. Seeking Modification of the Agreement

If your circumstances or your ex-partner’s circumstances have changed significantly since the alimony agreement was made, you may be able to seek a modification of the agreement. This could involve increasing or decreasing the alimony payments.

4. Mediation Strategies

Before resorting to more formal legal actions, consider mediation. Mediation is a process where a neutral third party helps the parties reach an agreement. It can be a less stressful and costly alternative to litigation.

Important note:

Regardless of the steps you take or the legal pathway you choose to follow, we strongly advice our clients going through a similar case to do the following:

• Documentation: Keep detailed records of all payments and missed payments. This will be crucial if you need to take legal action.
• Seek Legal Advice: Consult with a family law solicitor to understand your specific rights and the best course of action in your situation.
• Be Persistent: Enforcing alimony payments can be a challenging process. Don’t give up if you encounter obstacles.

By understanding your options and taking appropriate action, you can increase the likelihood of receiving the alimony payments you’re entitled to.

1. Child Maintenance Enforcement: The UK government has announced plans to speed up enforcement of child maintenance payments. Enforcement times will be reduced from six months to six weeks. Additionally, the government will remove a £20 application fee for parents seeking intervention when maintenance is not paid.

For the most current legal position, it’s advisable to consult:

• UK: HM Courts & Tribunals Service website
• Italy: Ministero della Giustizia portal
• Cross-border cases: The Hague Conference