When your dream marriage turns into a nightmare because of your partner’s misconduct, can you claim compensation for endo-familial damages caused by partner’s bad behaviours? The answer is yes — but only under very specific conditions.
Compensation for so-called “marriage damages,” more accurately described as endo-marital damages, can only be claimed in Italy when a partner’s misconduct is so serious that it goes well beyond a simple breach of marital duties, to the point of infringing the fundamental rights of the person guaranteed by the Constitution and by Italian law.
The 5 behaviours that, according to Italian law, give rise to a right to compensation for endo-marital damages and domestic misconduct
These serious behaviours essentially fall into five reprehensible and extreme patterns of misconduct, capable of causing severe psychological, physical, and reputational harm to the partner:
1) Adultery committed in ways that endanger the partner’s reputation, psychological-emotional stability, and safety. This goes beyond the mere breach of the duty of marital fidelity (for which only an at-fault separation order can be sought, with the resulting loss of inheritance rights and maintenance). It occurs when, in committing adultery, the unfaithful spouse publicly humiliates the partner, seriously harms their dignity or psycho-physical wellbeing, or exposes them to sexually transmitted diseases. Recognizing the warning signs of an affair in time is the first step toward protecting yourself — a topic we cover in more detail in our article on what to do if your husband’s or wife’s lover wants to talk to you.
In a fault-based separation case, a client was helped by the private detectives of the Octopus investigative agency to prove that her husband had become the laughingstock of their golf club, dragging his wife’s reputation through the mud — she had been a member there with him for many years — because the unfaithful husband would regularly bring his mistress along as well, taking no care whatsoever to keep the extramarital affair hidden.
2) Violation of the duty of family support. Set out in Article 570 of the Italian Criminal Code, this occurs when one spouse abandons the other, depriving them of the minimum means of subsistence. This duty often persists even between separated ex-spouses through alimony, and failing to comply with it is treated more severely when there are minor children for whom a judge has already set a maintenance allowance (Article 570-bis of the Criminal Code).
Leaving the marital home has in itself been decriminalized in Italy; however, it can still lead to an at-fault separation order if done without justification (such as an intolerable domestic environment or abuse) and without proper notice (for example, by telegram or a message kept on one’s mobile phone), since cohabitation between spouses is counted among the duties of marriage (Article 143 of the Civil Code).
A client recently came to my Italian investigative agency Octopus in Cassano d’Adda near Milan because her husband, using the excuse of a work trip, had been absent for weeks and, for several days, had even made himself unreachable by phone, giving no news of himself and sending no money for the family’s needs. The entire family found itself in serious financial difficulty, as the wife had no relatives or friends to turn to for help, nor any other source of income, since the husband had always insisted that she stay home to look after the children. I traced him to a hotel, together with another woman with whom he had started an extramarital relationship, and my client’s lawyer secured a very favorable separation settlement, since the husband risked being convicted under Article 570 of the Criminal Code.
This violation can also arise when a spouse — whether due to a gambling addiction, substance abuse, or any other reason — squanders the family’s assets or the property belonging to the other spouse or set aside for the minor children.
The violation of family support duties, together with the offenses of private violence (Article 610 of the Criminal Code) and taking the law into one’s own hands (Article 392 of the Criminal Code), can also arise when, following an argument or the discovery of an affair, a partner is “thrown out” of the home by changing the locks of the marital residence.
I caught the wife of one of my clients in the act of committing adultery. I handed over the report to the husband, who went home while his wife was at work, called a locksmith, and had every lock in the house changed to keep her from coming back. Fortunately, the client called me before his wife returned home, and I advised him to pretend he had lost his keys, to give her a copy of the new set as well, and not to do anything rash until he had spoken with a lawyer.
3) Psychological and verbal abuse. When one spouse persists in abusive behaviour toward the other, or toward their children, causing severe distress to the victim and destroying peace within the family.
4) Physical violence. Even a single episode of assault by one spouse against the other is sufficient.
5) Witnessed violence. When minor children witness physical or psychological violence inflicted on a spouse. This is considered an aggravating factor of the crime of mistreatment of family members and domestic violence (Article 572 of the Criminal Code).
To obtain compensation for endo-marital damages in Italy, the reprehensible conduct
must be intolerable and harmful because of its severity or how long it has gone on.
| For a free, confidential consultation
(+39) 335 77 57 613 (also on WhatsApp, Telegram, Signal) Francesco Finanzon — Private Investigator, Family & Marital Cases |
Requirements, quantification, and how to request compensation for endo-marital damages and domestic tort
Compensation for endo-marital damages in Italy generally ranges from a few thousand euros up to €50,000 in the most serious cases. Just as it is generally better to reach a good separation or divorce agreement by consent rather than through litigation, in my experience as an Italian private investigator specializing in marital cases, I have seen skilled lawyers obtain excellent settlements for endo-marital damages out of court.
Anyone claiming endo-marital damages must prove both the extent of the harm and the causal link, through four essential steps. Acting without delay matters a great deal here, as we discuss further in our article on marital cheating in the workplace and how a private investigator can help you act on it:
1) Seeking help from a psychologist who can, in addition to supporting the victim, certify the extent of the harm in cases of psychological mistreatment and conduct that seriously injures a person’s dignity, as well as testify in court.
In cases like these, the other party will try to point to unrelated causes or pre-existing conditions, in order to reduce their own liability; it is therefore advisable to gather evidence showing that no such other causes exist and that any past possible conditions have fully resolved.
2) In cases of physical violence, it is essential to seek timely treatment at the hospital emergency room and keep the medical records, as well as to file a report with the authorities for the injuries suffered.
3) Recordings made in person, to document the mistreatment suffered and the distress caused to the children, and to preserve statements from potential witnesses. Recordings made within the home are normally unlawful in Italy, since a home is considered a place with a high expectation of privacy; however, this expectation does not apply where criminal conduct is taking place within those same walls.
4) Keeping messages on one’s smartphone that support the victim’s account.
5) Identifying relatives, neighbours, and acquaintances willing to testify about the abuse. When looking for potential witnesses, keep in mind that judges tend to give more weight to testimony from people who are not too closely tied to the victim by friendship or family relationships.
Unfortunately, in most of the cases handled by my Italian agency of private investigation Octopus, the spouse-victim struggles to follow the guidance listed above, and later bitterly regrets not having done everything possible to protect themselves and the more vulnerable members of their family. On the importance of acting without hesitation, see also our article on the topic.
A few years ago, a man came to my Private Eye Studio Octopus as the victim of a serious case of mistreatment and parental alienation, which culminated in the abduction of his child and an international arrest warrant issued against his wife. After recovering his son, the victim-husband, ignoring my advice, chose not to file as a civil party in the criminal proceedings against his wife, nor to press further against his wife, because “she is still my son’s mother,” even though the woman had engaged in truly disgraceful conduct. As I write this, the man is defending himself against false accusations of sexual abuse against his son, fabricated by his wife and riddled with testimonial inconsistencies that will likely soon collapse. Yet his leniency has only prolonged his son’s suffering — suffering for which he could have sought sole, super-exclusive custody of his children at the appropriate time.
To understand when matters can escalate to the extreme measure of sole custody of the children, and what it entails for the parents, see our in-depth article Sole or super-exclusive custody of children: what does this entail?.
Following the Italian Cartabia Reform, in order to streamline proceedings a compensation claim can now be included directly within the judicial separation filing itself (Articles 473-bis.39-40-41 of the Italian Code of Civil Procedure). Indeed, compensation for endo-marital damages concerns exclusively the harmed spouse as a person and can be obtained even in a consensual separation without a finding of fault.
Endo-marital damages often only come to light after separation and divorce, once a course of psychological support has begun; it is therefore possible to bring a separate civil action against the ex-spouse, respecting the five-year statute of limitations, running from the moment the harm became apparent.
Furthermore, the Italian Supreme Court’s ruling No. 18853 of 15 September 2021 established that a spouse may claim compensation for damages even without a formal finding of fault in the separation.
The claim for compensation rests on Articles 2043 of the Italian Civil Code (“Any wrongful or negligent act that causes unjust harm to another obliges the person who committed the act to compensate for the harm”) and 2059, concerning the recognition of non-economic damages.
Italian law does not allow a spouse to seek compensation directly from their partner’s lover. However, if the lover engages in harassing or intrusive conduct against the legitimate spouse of their partner, they can be reported for harassment or stalking and may become jointly liable for the endo-marital damages described above.
In cases of compensation for endo-marital damages, the psychologist and the marital private investigator both play a crucial role.
| For a free, confidential consultation
(+39) 335 77 57 613 (also on WhatsApp, Telegram, Signal) Francesco Finanzon — Private Investigator, Family & Marital Cases |
The role of the Italian marital private detective in gathering evidence to prove endo-marital damages
Burden of proof, or rather demonstrating and gathering evidence valid in court regarding endo-marital damages, falls upon the victim, and must been handle on three fronts:
1) The initiative of the interested party themselves, through police reports, psychological support, medical assessments, and recordings made in person, as explained above.
2) The involvement of the private investigators at the Italian Private Detective Office Octopus, who gather evidence of infidelity and of the way in which it is carried out. If you’re not sure how to choose a trustworthy professional, read our guide on choosing an Italian private investigator.
A man came to me suspecting his wife’s infidelity. He came to my Italian investigative agency Octopus in Milan accompanied by his father, whose intrusive presence made me suspicious right away. I discovered that the woman had recently started seeing a colleague, but she had also been her father-in-law’s lover for years — this second discovery was devastating for my client. I obtained proof of this scandalous triangle through statements of a talkative gas-station attendant who served all three of them, and my client was able to seek fair compensation.
The Italian private detective of investigative office Octopus can also help the victim carry out and transcribe recordings made in person.
3) Since these damages are mostly psychological, moral, and non-economic in nature, the strongest evidence for quantifying endo-marital damage comes from a psychological or psychiatric assessment.
In Italy, endo-marital damages have been recognized since 2005.
In Italy, endo-marital damages (or “endo-familial torts”) have been recognized since 2005, thanks to the Italian Supreme Court’s ruling No. 9801 of 10 May 2005, and since then the Octopus investigative agency in Milan (Italy) has handled numerous cases of this kind. If you suspect infidelity and want to understand the whole separation process, our article on the marital separation process, seen from a private detective’s point of view can help you find your way through the various steps — and through the added risks that can come with abusive ex-partners.
| For a free, confidential consultation
(+39) 335 77 57 613 (also on WhatsApp, Telegram, Signal) Francesco Finanzon — Private Investigator, Family & Marital Cases |
Q&A on compensation for endo-familial damages and domestic tort
1. Does simple infidelity give rise to a right to compensation in Italy?
No. Simple infidelity — that is, the breach of the duty of fidelity alone — only gives rise to an at-fault separation order, with the resulting loss of inheritance rights and maintenance. To obtain actual compensation for endo-marital damages according to Italian law, the infidelity must involve aggravating features: public humiliation, a serious violation of dignity, or exposure to a sexually transmitted disease.
2. How much compensation can be obtained for endo-marital damages in Italy?
Amounts range from a few thousand euros up to €50,000, depending on the severity of the conduct, how long the harmful behaviour lasted, and the extent of the psycho-physical harm documented by a medical or psychological assessment.
3. Is a formal finding of fault required to claim compensation?
No. The Italian Supreme Court’s ruling No. 18853 of 15 September 2021 established that compensation for endo-marital damages can be claimed even without a formal finding of fault in the separation, and even where the separation is consensual.
4. How much time do you have to claim compensation?
The claim can be included directly in a judicial separation filing or brought as a separate civil action within the five-year statute of limitations running from the moment the harm became apparent — even if this occurs after the separation or divorce.
5. What evidence is needed to prove endo-marital damages?
Depending on the situation, the following may be required: a psychological or psychiatric assessment certifying the extent of the harm in cases of psychological mistreatment; emergency room records in cases of physical violence, followed by the appropriate police reports and any related filings; recordings made in person (lawful even within the home when they concern criminal conduct); a signed report from an Italian private investigator, backed by photographic or video evidence of how the harm was carried out; messages kept on a smartphone; and testimony from relatives, acquaintances or, better still, third parties with no personal ties to the victim.
6. What role does a private investigator play in an endo-marital damages case?
An Italian private investigator specializing in marital cases gathers evidence of infidelity and of how it was carried out, documents the harmful conduct of a spouse, and can also assist the victim in carrying out and transcribing recordings made in person — material that is often decisive for the lawyer, whether in court or in out-of-court negotiations.
7. Can compensation for endo-marital damages be combined with an at-fault separation order?
Yes. According to Italian law, an at-fault separation order and compensation for endo-marital damages are two distinct legal remedies and can coexist: the former affects the financial aspects tied to the end of the marriage (maintenance, inheritance), while the latter compensates the non-economic harm suffered by the person under Articles 2043 and 2059 of the Civil Code.
| For a free, confidential consultation
(+39) 335 77 57 613 (also on WhatsApp, Telegram, Signal) Francesco Finanzon — Private Investigator, Family & Marital Cases |
