Post-judgment modifications in Italy

Both in the case of separation [1] and divorce [2], each party can appeal to the Court for a revision of the conditions stated in the decree or the sentence (or the negotiated agreement).

The procedures to request post-judgment modifications in Italy are very similar to the ones that the parties have to follow to get separated or divorced or to obtain child custody and child support measures.


The Court can, only on proper and justified grounds, grant the revision of the conditions stated in the rulings in matters of spousal support, child custody and maintenance, and allocation of the family home.

Spousal support modification

Spousal support modifications can be granted based on "changed circumstances" in the financial position of one or both parties.


The Court will have to balance several factors, such as:

- an increase or decrease of the paying party's ability to support the other;

- an increased or decreased need of the receiving party;

- a party's new marriage or stable partnership;

- any other relevant factor.

Child custody and visitation modification

When child custody arrangement no longer works, each parent can request a revision of the related conditions.

The Court will not grant any child custody and visitation modification unless it is in the best interest of the child.


Except for cases where the revision is asked by one parent as a mere consequence of the child growing up and being, therefore, less dependent - physically and emotionally - on the other (usually the mother), parents are entitled to request modifications only when the previous ones are proved to be inadequate, owing to changed circumstances [3] or significant reasons such as:


- immediate danger for the child in the current household;

- either parent's relocation (the motivation for moving will be taken into account);

- non-compliance of either parent with the Court's ruling or the agreed settlement in matters of custody and visitation;

- drug abuse or alcoholism or other serious addictions;

- severe health issues of a parent that make him/her incapable of taking care of the child;

- death of a parent.


In some cases, children (of a certain age and maturity) can be heard from the Court, in the most appropriate ways.

Child support modification

Child support modification can be granted on the grounds on changed circumstances concerning:

- the financial position of the parents;

- the actual necessities of the child (minor or major of age) whose increase in need is closely linked to his/her both growing up and development of personality;

- the birth of other children from either parent and his/her new partner/spouse.


When an adult child is directly liable for being financially dependent, a support obligation may be suspended by the Court.


[1] article 710, Code of Civil Procedure

[2] Law no. 898/70, article 9

[3] article 337-quinquies, Civil Code