Divorce and Maintenance Allowance: Analysis of Judgment No. 20034 of 2024

The recent ordinance of the Court of Cassation, No. 20034 of 2024, has raised important issues concerning the divorce allowance and the assignment of the marital home in cases of separation. In this article, we will analyze the key points of the judgment and its implications for spouses in the process of separation and divorce.

Context of the Judgment

The case examined by the Court of Cassation concerns A.A. and B.B., former spouses who had agreed to a consensual separation in 2014, with the attribution of a monthly allowance and the right to use the marital home for the wife. The issue intensified when A.A. requested the cessation of the civil effects of the marriage without further obligations, while B.B. requested a significantly higher divorce allowance. The Court of Appeal of Venice initially granted B.B.'s requests, but A.A. appealed the decision to the Court of Cassation.

Legal Principles and Reflections

In the context of consensual separation, spouses' agreements have an essential content, which has a concrete cause in the separation, containing the provisions aimed at fulfilling the duties of marital solidarity.

The Court of Cassation emphasized that the separation agreement can include essential covenants and accessory covenants. Essential covenants are those that directly concern the separation and can be modified by the judge in divorce proceedings. However, accessory covenants, such as the assignment of the marital home, can be considered autonomous and not subject to modification by the divorce judge.

• The Tribunal violated the principle of correspondence between what was requested and what was decided, ruling on matters not requested
• The recognition of a welfare-based divorce allowance was deemed appropriate in relation to the economic conditions of the parties
• The Court highlighted the importance of the duration of the marriage and the wife's health conditions in determining the divorce allowance

Conclusions

The Cassation judgment No. 20034 of 2024 offers significant insights into understanding the legal dynamics related to divorce and divorce allowances. It reiterates the importance of distinguishing between essential and accessory covenants in separation agreements, emphasizing the need for careful evaluation of each spouse's personal and financial circumstances. Lawyers and professionals in the field must consider these distinctions to ensure proper handling of divorce cases.