According to what Law 76/2016 dictates, with the establishment of the civil union between persons of the same sex, the parties acquire the same rights and assume the same duties; from the civil union derives the mutual obligation to moral and material assistance and cohabitation. Both parties are obliged, each in relation to his or her own substance and capacity for professional and household work, to contribute to the common needs (Art. 1, c. 11, l. cit.).

The legislature has essentially equated the party to the civil union with the spouse and, for what is of interest here, the contribution obligations under Article 143 of the Civil Code are recalled.

Consequently, the establishment of a civil union has the same effects as a new marriage and, therefore, the divorce allowance automatically ceases.

Is the loss of divorce allowance always automatic if the recipient remarries?

By law, as noted above, yes. However, the compensatory function of the divorce allowance, highlighted by the Supreme Court with the new guidance expressed, also calls into question this automatism, if it is true that the former spouse recipient of the allowance must retain the right in its compensatory component, of the sacrifices and renunciations made during the marriage, whatever his or her choice of life after the divorce