Divorce Allowance: The Supreme Court on Ruling no. 23082 of 2024

Ruling no. 23082 of the Court of Cassation, issued on June 5, 2024, has shed important light on the issue of divorce allowance, establishing fundamental principles regarding the economic rights and duties of ex-spouses. In this article, we will analyze the content of the order, the Court's reasoning, and the implications for future cases.

The Case Under Review

The case originated from a dispute between A.A. and B.B., in which the Court of Appeal of L'Aquila had initially excluded the divorce allowance for B.B., despite her family responsibilities and employment situation. The Court held that B.B. was capable of supporting herself through her position as an Honorary Magistrate, while increasing the contribution for the maintenance of the children to be borne by A.A. However, the Court of Cassation upheld B.B.'s appeal, considering that the efforts and responsibilities in managing the family could not be ignored.

The care of the family is an unavoidable duty for both spouses and cannot be used to exclude the right to a divorce allowance.

Principles Established by the Court of Cassation

The Court established that, for the determination of the divorce allowance, it is essential to consider:

• The balancing of roles within the couple, where the family burden falls predominantly on one of the spouses.
• The difference in work commitment and the income satisfaction of each spouse.
• The need to demonstrate a causal link between the family burden and professional income, which in this case fell primarily on B.B.

These principles have been confirmed by the most recent case law, overcoming previous interpretations that required more rigorous proof of lost work opportunities.

Future Implications

Ruling no. 23082 of 2024 represents a significant step towards greater equity in decisions concerning divorce allowances. The Court has clarified that the recognition of the allowance cannot be excluded solely on the basis of formal employment, but must also consider the impact of family responsibilities.

In conclusion, this order invites judges to a deeper reflection on family dynamics and the importance of ensuring a fair distribution of economic resources post-divorce. The protection of the economic rights of both spouses must be at the center of judicial decisions regarding divorce.

Conclusions

In summary, the 2024 ruling of the Court of Cassation represents a milestone in the regulation of divorce allowance, reaffirming the importance of considering the individual circumstances of each spouse and their contribution to the family's well-being. It is essential that future rulings follow these principles to ensure fair and balanced justice in the family sphere.