Divorce Alimony and De Facto Cohabitation: Commentary on the Supreme Court Ruling

The recent order of the Court of Cassation, issued on January 30, 2023, offers an important reflection on the dynamics related to divorce alimony, particularly in relation to the establishment of a de facto cohabitation. This case, involving A.A. and B.B., highlights the criteria for evaluating evidence and the responsibilities of the parties.

Context of the Ruling

In the procedural matter, the Court of Ancona had initially revoked the divorce alimony of 48,000 euros per year, requesting an increase in the contribution for the maintenance of the children. The Court of Appeal, however, deemed the evidence presented by B.B. insufficient to prove stable cohabitation with C.C. and rejected the request for an increase in alimony. This led A.A. to file an appeal with the Court of Cassation.

The Court of Cassation reiterated that the demonstration of de facto cohabitation can affect the right to divorce alimony, but a rigorous judicial ascertainment of the stability and continuity of such cohabitation is necessary.

Guidelines of the Court of Cassation

The Court clarified that, in the case of a new cohabitation, the judge must ascertain the stability of the relationship and its commencement date. In this regard, it recalled the principles expressed by the United Sections, emphasizing that the obligated spouse has the burden of proving the existence of a new family, but not necessarily of proving every detail of the contribution to the household finances.

• It is necessary to demonstrate the stability of the cohabitation, not just cohabitation itself.
• The judge must consider all evidentiary elements in a non-atomistic manner.
• Job offers and other economic factors must be carefully weighed.

Conclusions: Implications for Post-Divorce Rights and Duties

The decision of the Court of Cassation underscores the importance of an accurate evaluation of the evidence presented during the review of divorce alimony. Parties must be aware that the mere existence of an emotional relationship is not sufficient to exclude the right to alimony, but requires a thorough analysis of the concrete circumstances. Ultimately, this order represents a significant step in protecting the rights of ex-spouses and defining post-divorce financial conditions.