love texts and separation charge

  • Friday 17 March 2017

With the ruling no. 5510, filed March 6th of 2017, the Supreme Court established that the messages of loving nature found on the spouse’s cell phone, constitute sufficient evidence for charging the separation.

In this specific case, the Milan Court of Appeal has rejected the burdens of the parties against the Court’s judgement that had charged the separation to the husband, as well as the child support contribution and a monthly allowance on behalf of the wife, entrusting the minor children to the wife.  The Court justified the charges with the violation of duty of fidelity, having discovered the messages of loving nature on the husband’s cell phone. As for the economic situation, the Court reasoned that child support and a monthly allowance on behalf of a wife are justifiable by the high life standard that the couple had during the married life, and that the work capacity of the wife is not such as to justify an increase in economic contributions of the husband.

Both parties resorted to the Supreme Court against the second degree judgement, and both appeals were rejected, condemning the husband to pay a monthly allowance in favor of his wife and child support, in addition to the payment of the extraordinary expenses.

With this ruling, the Court has stated that the messagges of loving nature have, in fact, evidential value.