Divorce Allowance: Analysis of Judgment Cass. civ., Section I, Ord. no. 26520 of 2024
The recent order of the Court of Cassation, no. 26520 of 2024, offers significant insights regarding the divorce allowance, clearly addressing the criteria to be considered in its determination. In particular, the Court reiterated the importance of assessing the income disparity between ex-spouses and the contribution made by each to family life. This article aims to examine the salient points of the judgment, with a focus on the legal principles that support it.
The context of the judgment and the grounds for appeal
In the specific case, the Court of Appeal of Milan had confirmed the divorce allowance of Euro 1,720.00 per month in favor of the ex-wife B.B., after the husband A.A. had contested this decision. The appellant alleged a violation of legal norms, arguing that his economic situation and the ex-wife's assets had not been adequately considered. However, the Court ruled that the income disparity and the choices made during the marriage justify the allowance.
The income-balancing function of ex-spouses' income is not aimed at reconstructing the marital standard of living, but at recognizing the role and contribution of the economically weaker ex-spouse.
Criteria for determining the divorce allowance
The judgment reiterates the importance of a rigorous assessment of the economic disparity between the spouses at the time of divorce. In particular, the Court highlighted that the divorce allowance has both an alimony and a compensatory function, aimed at rebalancing the economic positions of the parties. The Court recalled the principles established by the United Sections, according to which the judge must consider:
- The economic and asset conditions of the parties;
- The contribution made to the conduct of family life;
- The duration of the marriage and the age of the requesting spouse.
Conclusions
Judgment no. 26520 of 2024 is an important step forward in clarifying the criteria for determining the divorce allowance. It emphasizes how the compensatory function of the allowance must take into account not only alimony needs but also the concrete contribution made by each spouse to the realization of family life. This approach aims to ensure economic fairness between the parties, reflecting the sacrifices and choices made during married life.
