Divorce Alimony: Clarifications from the Court of Cassation
The recent order of the Court of Cassation (No. 27945 of October 4, 2023) has brought renewed attention to the delicate issue of divorce alimony. In this case, the Court granted the appeal of A.A., the ex-wife, against the decision of the Court of Appeal of Perugia, which had denied the alimony. But what are the criteria that justify such an award?
The Context of the Ruling
The Court of Appeal had confirmed the rejection of the divorce alimony claim, deeming the prerequisites for its award unproven. However, the Court of Cassation highlighted that the lower court judge did not adequately consider the income disparity between the spouses, nor the appellant's contribution to family life.
The recognition of divorce alimony requires the ascertainment of the inadequacy of the means of the requesting ex-spouse and the impossibility of acquiring them for objective reasons.
Fundamental Principles on Divorce Alimony
According to case law, divorce alimony serves both an assistance and a compensatory function. Here are some key points to consider:
- The assessment must take into account the contribution made to the conduct of family life.
- The sacrifice of professional opportunities by one of the spouses is a fundamental element.
- It is not necessary to prove a complete abandonment of one's career, but only a significant sacrifice.
The Court of Cassation has, in fact, clarified that the judge must ascertain whether the requesting spouse has effectively contributed to family life, even if such contribution was not exclusive.
Conclusions
The ruling under review emphasizes the importance of a fair assessment of the spouses' economic conditions in light of the principle of solidarity. The Court therefore quashed the appealed judgment, inviting the referring judge to reconsider the divorce alimony request in light of the outlined criteria. This pronouncement represents an important step towards ensuring fair and equitable treatment for those facing separation.
