Divorce and Maintenance Allowance: Commentary on Cass. civ., Section I, Order, no. 16740 of 2020

Order no. 16740 of 2020 by the Court of Cassation offers significant insights into understanding the dynamics related to divorce, particularly concerning the maintenance allowance and the assignment of the marital home. In this article, we will analyze the main aspects of this order, highlighting the criteria used by the Court and their implications for spouses in the separation phase.

Context of the Ruling

The case at hand concerns the separation of D.P.R. and I.M., with the Court of Appeal of Salerno upholding the first-instance decision. The Court established a monthly maintenance allowance of 1,600 euros in favor of the wife, reducing her claims. The appellant challenged the ruling, asserting the inadequacy of the allowance and contesting the revocation of the assignment of the marital home.

The Court of Cassation established that the attribution of fault for the separation does not automatically grant a right to compensation beyond the maintenance allowance.

Legal Principles Applied

A crucial aspect of the ruling concerns the interpretation of articles 151 and 156 of the Italian Civil Code (c.c.), which establish the criteria for determining the maintenance allowance. The Court clarified that the allowance must be set considering the needs of the requesting spouse and the financial means of the other spouse, without neglecting further circumstances, such as the standard of living during the marriage.

• The right to maintenance is reserved for the spouse not responsible for the separation.
• The verification of income and consideration of necessary expenses for new accommodation are essential elements in quantifying the allowance.
• The revocation of the assignment of the marital home must take into account cohabitation with children and their needs.

Conclusions

The Cassation's decision highlights the importance of an accurate assessment of the economic and personal circumstances of the spouses involved in a separation. The Court reiterated that the maintenance allowance must reflect not only the immediate needs of the requesting spouse but also the overall economic dynamics, including any changes in the standard of living. This ruling represents an important reference for future disputes regarding divorce and maintenance allowance, emphasizing the need for a balanced and legally sound approach in resolving such matters.