the charge
The ascertainment of the exclusive responsibility of one of the spouses at the end of the marriage has as a legal consequence, where proof is provided in the trial, the compensation for the damage suffered and the loss of the right to the maintenance allowance if the fault it is attributed to the economically weaker spouse. The evidence, however, is not easily accessible in court. The jurisprudence on this point is extremely rigorous and the established principle is that for the purposes of the statement of debit, the reported behavior must be the cause of the crisis.
The most recurrent case and that as such has given rise to multiple pronouncements is the "betrayal". Only when the betrayal was the cause of the crisis and, moreover, was such as to damage the dignity of the other spouse will the pronouncement of the fault separation be obtained with the recognition of compensation for damages, the quantification of which will require the party to provide proof. If during the course of the trial it will emerge that the couple was already in crisis or that after the discovery of the betrayal the relationship had continued with the overcoming of the same, no debit will be given.