Alimony: analysis of the judgment Cass. civ., Sec. I, Ord. no. 26520 of 2024
The recent order of the Court of Cassation, no. 26520 of 2024, offers significant insights regarding alimony, clearly addressing the criteria to be considered in its determination. In particular, the Court reiterated the importance of assessing the income disparity between former spouses and the contribution made by each to family life. This article aims to examine the salient points of the judgment, with a focus on the legal principles that support it.
The context of the judgment and the grounds for appeal
In this case, the Court of Appeal of Milan had confirmed the divorce alimony of Euro 1,720.00 per month in favour of the ex-wife B.B., after the husband A.A. had contested this decision. The appellant complained of a violation of legal norms, arguing that his economic situation and the ex-wife's assets had not been adequately considered. However, the Court ruled that the income disparity and the choices made during the marriage justified the alimony.
The income-balancing function of former spouses' income is not aimed at restoring the marital standard of living, but at recognizing the role and contribution of the economically weaker former spouse.
Criteria for determining divorce alimony
The judgment reiterates the importance of a rigorous assessment of the economic disparity between the spouses at the time of divorce. In particular, the Court highlighted that divorce alimony has both an assistance and compensatory function, aimed at rebalancing the economic positions of the parties. The Court referred to the principles established by the United Sections, according to which the judge must consider:
- The economic and asset conditions of the parties;
- The contribution made to the conduct of family life;
- The duration of the marriage and the age of the requesting spouse.
Conclusions
Judgment no. 26520 of 2024 is an important step forward in clarifying the criteria for determining divorce alimony. It emphasizes how the compensatory function of alimony must take into account not only assistance needs but also the concrete contribution made by each spouse to the realization of family life. This approach aims to ensure economic fairness between the parties, reflecting the sacrifices and choices made during married life.
