Commentary on Judgment Cass. civ., Section VI - 1, Ord., no. 26383 of 2020: Separation Blame and Non-Pecuniary Damages Compensation
The judgment of the Court of Cassation no. 26383 of 2020 addresses two highly relevant issues in family law: the attribution of separation blame for marital infidelity and the possibility of claiming compensation for non-pecuniary damages. This order offers important food for thought for legal professionals and spouses dealing with marital crises.
Separation Blame and Marital Infidelity
In the specific case, the Court of Appeal of Salerno had declared personal separation with blame attributed to the unfaithful spouse, recognizing infidelity as the determining cause of the intolerability of cohabitation. However, the issue becomes complicated when it comes to determining whether infidelity can also justify compensation for non-pecuniary damages.
The violation of the duty of fidelity may give rise to compensation for non-pecuniary damages, but only if the state of distress exceeds the threshold of tolerability.
Non-Pecuniary Damages Compensation: Conditions and Limits
The appellant, G.L., had requested compensation for the non-pecuniary damages suffered due to his wife's infidelity, but the Court rejected the request, highlighting that the pain and depression suffered were not directly attributable to the infidelity but to the separation itself. This point is crucial: the trial judge must assess whether the damage suffered exceeds the threshold of tolerability and whether the causal link between the wrongful conduct and the damage actually exists.
Conclusions
Judgment no. 26383 of 2020 offers an important clarification on the matter of compensation for non-pecuniary damages in cases of separation. It emphasizes the need to prove not only infidelity but also the actual causal link between such conduct and the damage suffered. Family law professionals should consider these aspects when advising their clients. Case law continues to evolve, and cases like this highlight the complexity of family dynamics and the legal challenges associated with them.
