Divorce allowance and standard of living: the Court of Cassation clarifies with order no. 25055 of 2024

The recent order of the Court of Cassation, no. 25055 of September 18, 2024, represents an important occasion for reflection on the methods of calculating divorce and maintenance allowances. The ruling, involving A.A. and B.B., highlights some critical aspects concerning the assessment of the standard of living during cohabitation and the consequences of new emotional relationships post-separation.

Principles established by the Court of Cassation

The Court upheld the grounds for appeal by A.A., emphasizing that the assessment of the standard of living cannot be limited to considering only the income that emerged after the separation. In fact, Article 156 of the Civil Code clearly states that the judge must consider the standard of living enjoyed during cohabitation. The salient points of the ruling are as follows:

• The quantification of the allowance must take into account the couple's standard of living during the marriage.
• Any assets, in addition to income, must be considered.
• In the event of a new cohabitation, the right to a maintenance allowance may cease.

The jurisprudence of legitimacy is consolidated in holding that the judge of merit, in order to quantify the maintenance allowance, must ascertain the standard of living that the couple enjoyed during cohabitation.

Implications of new cohabitation

A crucial aspect addressed by the Court concerns the possibility of revoking the maintenance allowance in the event of new cohabitation by the beneficiary spouse. The Court clarified that simple cohabitation is no longer the sole prerequisite for excluding the economic contribution; it is sufficient to demonstrate a shared life project, even in the absence of cohabitation. This implies that:

• Proof of the stability of the new relationship must be rigorous.
• The judge must evaluate circumstantial evidence relating to the emotional bond between the new partners.

Conclusions

In conclusion, order no. 25055 of 2024 represents an important guide for issues related to divorce and maintenance allowances. The Court of Cassation has reiterated the need for an in-depth analysis of the standard of living during cohabitation and the changed living conditions post-separation. This approach ensures greater fairness in decisions, respecting the economic needs of both spouses and the children involved.