Divorce Allowance: Analysis of Judgment Cass. civ. n. 21955/2024

The judgment of the Court of Cassation, no. 21955 of August 5, 2024, offers significant insights into the issue of divorce allowance, particularly concerning the necessity of a shared life between spouses. The Court partially granted the appeal of A.A., reducing the allowance granted to B.B. from 450.00 to 350.00 euros per month, raising important questions regarding the proof and conditions for awarding an assistance allowance.

Context of the Judgment

In this dispute, the Court of Perugia had initially recognized a divorce allowance in favor of the wife, despite the brevity of the marriage and the lack of a true shared life. The Court of Appeal subsequently reduced the amount, arguing that the prerequisites for a compensatory allowance were not met, given that there had been no real sharing of marital life between the spouses.

The Court established that the duration of the marriage and the lack of cohabitation influence the determination of the divorce allowance, highlighting the importance of a shared life.

Relevant Legal Principles

The case falls within the regulatory framework of art. 5 of law 898/1970, which governs divorce allowance. The Court reiterated that, in order for a divorce allowance to be recognized, an effective shared life must have existed. In this case, the lack of cohabitation and the brevity of the marriage led to a reduction in the allowance. Furthermore, the Court clarified that the wife's lack of initiative in seeking employment, despite her capabilities, negatively impacted her position.

• Importance of shared life: The judgment emphasizes how the lack of a shared life between spouses can affect the right to an allowance.
• Role of marriage duration: The Court highlighted that short marriages may not justify a high allowance.
• Burden of proof: It is essential for the requesting spouse to demonstrate their economic and employment situation.

Conclusions

Judgment Cass. civ. n. 21955/2024 represents an important reflection on the rights and duties of spouses during divorce proceedings. It highlights the need to consider various factors, including the duration of the marriage and the actual sharing of life, to establish the divorce allowance. The principles expressed by the Court can serve as a guide for future similar cases, clarifying that divorce allowance is not automatically guaranteed but must be assessed on a case-by-case basis.