Recognition of the divorce allowance: analysis of judgment Cass. civ., Sec. I, Ord., no. 30537 of 2024

The judgment of the Supreme Court of Cassation of July 3, 2024, no. 30537, offers relevant insights into the recognition of the divorce allowance, dealing with the methods of evaluating the economic conditions of the spouses. In the specific case, the Court upheld the appeal filed by A.A., highlighting the importance of considering the personal and economic contribution made by each spouse during the marriage.

Context of the judgment

The case involves A.A. and B.B., a couple who married in 1983 and separated in 2010. During the divorce proceedings, A.A. requested a divorce allowance, but the Court of First Instance rejected this request. The Court of Appeal of Venice confirmed this decision, deeming that there was no economic imbalance to justify the allowance.

Grounds for appeal and decisions of the Court of Cassation

A.A. filed an appeal with the Court of Cassation, raising several criticisms regarding the assessment of financial and income conditions. Among the main grounds, the Court upheld:

• the violation of art. 5, paragraph 6, of law no. 898 of 1970, for failure to consider the wife's contribution to the formation of marital assets;
• the omission of examination of relevant documentation, such as the company register extract of a Hungarian company of which B.B. was a partner;
• the inadequacy of the reasoning by the Court of Appeal regarding the need for expert integrations.

The recognition of the divorce allowance requires the ascertainment of the inadequacy of the means of the requesting ex-spouse and the impossibility of obtaining them for objective reasons.

The Court emphasized that the divorce allowance has an assistance and compensatory function, and that the evaluation must take into account the marital history and the contributions of each spouse. The absence of children carries weight, but it should not exclude the possibility of an allowance if there are substantial disparities between the parties.

Legal implications of the judgment

This judgment is significant because it clarifies how the assessment of the divorce allowance should be conducted in depth, considering not only current income but also historical contributions to common assets. The Court of Cassation highlighted that mere adherence to an expert technical opinion (CTU) is not sufficient; adequate reasoning must be provided to justify the decisions made.

In conclusion, the Court of Cassation annulled the judgment of the Court of Appeal, remitting the matter for a reassessment of the financial and income circumstances, thus highlighting the importance of accurate analysis in divorce cases and the assignment of allowances.

Conclusions

Judgment no. 30537 of 2024 represents a step forward in the jurisprudence concerning divorce and the divorce allowance, clarifying that each case must be evaluated based on the specific economic circumstances and the historical contributions of each spouse. This approach not only protects the rights of the more vulnerable ex-spouse but also ensures that decisions are legally sound and well-reasoned.