Divorce Alimony and Maintenance Obligation: Commentary on Cass. civ., Section I, Order no. 14371 of 2024

The recent order of the Supreme Court of Cassation no. 14371 of 2024 addresses issues of fundamental importance in family law, particularly regarding divorce alimony and maintenance obligations between spouses. This case, involving A.A. and B.B., highlights how the assessment of spouses' economic and asset capacities influences judicial decisions. The ruling offers food for thought on how economic circumstances should be balanced with the rights of spouses and children in the context of separation and divorce.

Context of the Decision

The Court of Florence had initially set a monthly maintenance contribution of 2,000 euros from A.A. to B.B. and the children. However, the Court of Appeal subsequently increased the alimony to 3,000 euros per month, justifying the decision with A.A.'s substantial real estate assets, estimated at over 4 million euros. The Court held that such assets could be leveraged to ensure adequate maintenance, also considering income-generating potential.

The assessment of the burdened spouse's income and asset capacities is crucial for determining divorce alimony and maintenance.

Legal Principles at Play

The Supreme Court reiterated important legal principles, including:

• Article 156, paragraph 2, of the Civil Code establishes that the judge must consider not only income but also other economic circumstances in determining alimony.
• The standard of living during the marriage represents a target, but not always achievable due to the economic effects of separation.
• The principle of proportionality must also be applied when children are adults, taking into account the needs and resources of both parents.

A.A.'s appeal was declared inadmissible, as the Court found no violation of procedural or substantive rules. In particular, the Court highlighted that divorce alimony cannot be considered separate from the economic context in which the spouses find themselves.

Conclusions

The judgment of the Court of Cassation no. 14371 of 2024 represents an important confirmation of the methods of economic assessment in cases of separation and divorce. It emphasizes how the analysis of asset capacities is fundamental to ensuring that maintenance obligations are equitably distributed. In a context where economic crisis affects many aspects of daily life, jurisprudence continues to seek a balance between rights and duties, creating a regulatory framework that considers the needs of all parties involved.