Revocation of Divorce Alimony: The Very Recent Supreme Court Order
Recently, the Supreme Court of Cassation issued a significant order concerning the revocation of divorce alimony. The ruling in question, Cass. civ., Sez. I, Ord. n. 26751 of 15/10/2024, offers important clarifications on the evidentiary requirements necessary to support a request for revocation of divorce alimony, emphasizing the burden of proof and the admission of evidentiary requests.
The Case and the Decisions of the Lower Courts
In the specific case, A.A. requested the revocation of the monthly divorce alimony of Euro 1,750.00, claiming a change in his economic conditions and that the beneficiary, B.B., had acquired significant assets through inheritance. However, both the Court of Bergamo and the Court of Appeal of Brescia rejected the revocation request, deeming the proof provided by A.A. insufficient.
The Court of Appeal held that the appellant had not demonstrated the occurrence of new facts that would significantly impact the income conditions of the former spouses.
The Burden of Proof and Evidentiary Requests
The Court highlighted that the burden of proof lies with the party requesting the revocation of divorce alimony. In particular, the appellant argued that the Court of Appeal had failed to consider decisive evidence, such as B.B.'s asset increase, documented in the consultation of the Revenue Agency. However, the judges considered A.A.'s evidentiary requests to be exploratory in nature, not sufficient to demonstrate the financial standing of the opposing party.
- Importance of providing concrete evidence for the revocation of divorce alimony.
- Need to specify the subject matter of evidentiary requests.
- Impact of the spouses' economic conditions on the revocation decision.
Conclusions: A Necessary Review of Legality
In conclusion, the Supreme Court of Cassation upheld A.A.'s appeal, finding the ground of appeal concerning the failure to examine a decisive fact to be well-founded. This step underscores the importance of a thorough examination of evidence and evidentiary requests in evaluating requests for revocation of divorce alimony. The Court therefore referred the case back to the Court of Appeal of Brescia, inviting it to reconsider the presented evidence.
