Divorce and Maintenance Allowance: Reflections on the Very Recent Supreme Court Ruling

On October 27, 2023, the Supreme Court issued a significant ruling concerning the revision of divorce conditions, particularly the assignment of the marital home and the maintenance allowance. This order represents an important legal precedent, clarifying several aspects related to the modification of financial conditions post-divorce.

The Issue of Marital Home Assignment

In this case, A.A. requested the revocation of the marital home assignment to B.B., arguing that both adult children no longer lived with their mother. The Court of Appeal, upholding B.B.'s appeal, ruled that the divorce allowance should be increased from 800 to 1,200 euros per month. This raised the question of whether the revocation of the assignment could be considered a significant supervening event.

In matters of revision of divorce conditions, the revocation of the assignment of the family home, owned exclusively by the other ex-spouse, constitutes a supervening event that can be assessed.

Economic Implications of Revocation

The Court reiterated that the revocation of the marital home assignment has significant economic repercussions. Indeed, such revocation can lead to an improvement in the economic conditions of the owning spouse, who can now dispose of the property as they see fit. This concept has been confirmed by previous case law, emphasizing the importance of considering the current financial situation of the spouses.

• The loss of the family home assignment is a circumstance that can influence the amount of the divorce allowance.
• The judge must examine the relative economic conditions and the changes that have occurred over time.
• In the case at hand, the increase in the divorce allowance is justified in light of the applicant's new economic conditions.

Conclusions

The Supreme Court ruling offers important food for thought for those facing similar situations. It highlights how decisions regarding the assignment of the family home and the divorce allowance are not static but can and must be reviewed in light of changes in economic circumstances. It is essential for spouses, during divorce proceedings, to consider not only current conditions but also the possible future evolution of their economic situations.