Some considerations on the reflection of the compensatory benefits in court judgments

The new Civil Code, in addition to other innovations of the civil legislation, also introduced the compensatory benefits between the former spouses. The emergence of this new right has not escaped unnoticed by the spouses who call for the dissolution of marriage by judicial process; therefore the compensatory benefits can be found in the judicial decisions delivered after the entry into force of the new Civil Code. The way the litigants choose to judicially enhance this right, is not always the most

adequate; therefore, although the innocent spouse could have benefited from compensatory benefits, the practice has proved that being entitled to the coverage of the significant imbalance produced by the divorce in one’s living conditions, is not always equivalent to the admission of such an application in Court.

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