Cass. Ruling no. 7383/2023: Reflections on the Revision of Divorce Alimony

The Supreme Court of Cassation, with ruling no. 7383 of 2023, addressed crucial issues concerning the revision of post-divorce economic conditions, particularly regarding divorce alimony and supplementary agreements entered into by the parties. The case examined involves Davide M. T. and Francesca M., whose economic rights and duties were subject to dispute. This ruling represents an important step in understanding family law in Italy and the economic dynamics that arise after the end of a marriage.

Context of the Ruling

The appellant, Davide M. T., had requested the revision of the divorce alimony established in the consensual separation proceedings and subsequently confirmed in the divorce. The Court of Appeal of Milan had upheld the first-instance decision, deeming the sum of €3,000.00 per month valid, while also reducing the child support alimony. However, the appellant contested the decision, arguing that the changes to the economic conditions did not take into account certain fundamental aspects, such as the side agreements made during the divorce proceedings.

The revision of divorce alimony must consider not only new circumstances but also the nature and validity of the negotiated agreements between the parties.

Legal Issues Raised

The ruling highlighted two main aspects:

• Side Agreements: The Court ruled that private agreements between the parties could not be modified without the consent of both, establishing that such supplementary agreements cannot be subject to revision without adequate justification.
• Compensatory Component of Alimony: The Court reiterated that the right to divorce alimony does not lose its validity in the event of a new cohabitation of the beneficiary, as the compensatory component must be recognized regardless of changes in economic conditions.

Implications of the Ruling

This decision is particularly significant for the following reasons:

• It clarifies that side agreements, even if private and not subject to homologation, must be considered in the revision of economic conditions, provided they do not violate mandatory rules.
• Furthermore, the ruling confirms that the revision of divorce alimony can occur even in the presence of substantial changes, as long as the persistence of the compensatory component is demonstrated.

Conclusions

The Supreme Court of Cassation's ruling no. 7383/2023 offers an in-depth view of post-divorce economic dynamics and emphasizes the importance of considering private agreements entered into by the parties. The Court has, in fact, reiterated that the revision of divorce alimony must take into account not only new circumstances but also the validity and nature of the negotiated agreements. This pronouncement represents an important reference point for family law professionals and for all parties involved in divorce proceedings.