Divorce Alimony and Premarital Cohabitation: Cass. Ruling No. 35385 of 2023
The ruling of the Supreme Court of Cassation, No. 35385 of December 18, 2023, addresses a highly relevant issue in family law: the recognition of the premarital cohabitation period for the determination of divorce alimony. This aspect is crucial for ensuring fair economic treatment between spouses, especially in situations where one spouse has sacrificed their professional aspirations for the sake of the family.
The Case at Hand
The dispute arose from a request by A.A. against B.B., concerning divorce alimony and child support. The Court of Appeal of Bologna had reduced the amount of divorce alimony in favor of A.A., considering that the duration of premarital cohabitation and the contribution it made to family life had not been adequately taken into account. The Court of Cassation, upholding A.A.'s appeal, emphasized that the cohabitation period must be evaluated within the context of the choices and sacrifices made by the spouses during their life together.
Implications of the Ruling
The period of premarital cohabitation, where characterized by stability and continuity, must be considered when assessing the contribution made to the management of the household.
The Cassation ruling not only clarifies the importance of the premarital cohabitation period but also establishes a legal principle. This principle states that, in cases where marriage follows premarital cohabitation, the latter must also be accounted for in quantifying divorce alimony, particularly to ascertain the contribution made by the applicant.
Conclusions
In conclusion, Cass. Ruling No. 35385 of 2023 represents a significant step towards greater fairness in decisions concerning divorce alimony. It recognizes the value of the contribution made during premarital cohabitation, establishing that the choices made during that phase must be considered within the context of marital life. This approach aims to ensure that ex-spouses can benefit from treatment that is fairer and more consistent with the reality of their relationships.
