Divorce Allowance and Economic Disparity: Commentary on Cass. civ., Section I, Order no. 16703 of 2024

The recent order of the Court of Cassation, no. 16703 of 2024, offers important food for thought on the subject of divorce allowance and the need to consider economic and relational variables in its attribution. In this article, we will analyze the salient points of this ruling, paying particular attention to the concept of economic disparity between spouses and the role played by each during the marriage.

The Legal Framework of the Divorce Allowance

Law no. 898 of 1970 establishes the conditions for the attribution of the divorce allowance, which must ensure an economic balance between spouses after separation. In particular, Article 5, paragraph 6, requires that the economic and asset situation of both spouses be taken into account, considering not only the period of separation but also the entire duration of the marriage.

• Duration of the marriage and the period of separation.
• Role and sacrifices of each spouse in family management.
• Disparity in income and economic resources at the time of divorce.

The Court highlighted that the exclusive care of the daughters by the mother necessarily reduced her opportunities for professional advancement.

The Specific Case: Analysis of the Ruling

In the ruling under examination, the case concerned A.A. and B.B., separated spouses now in the process of divorce. The Court initially excluded B.B.'s right to a divorce allowance, considering that she had not contributed to the creation of her ex-husband's assets. However, the Court of Appeal overturned this decision, recognizing the income disparity between the spouses and the mother's sacrifice in dedicating herself to raising their daughters.

In particular, it was emphasized that the divorce allowance should be seen not only as financial support but also as a means of compensation for sacrifices made during the marriage, as in the case of B.B., who had to forgo work opportunities to dedicate herself to her family.

Conclusions

The Court of Cassation, by quashing the judgment of the Court of Appeal, reaffirmed the importance of a thorough analysis of the economic and relational conditions of the spouses. It is essential for judges to consider not only the current income of the spouses but also the sacrifices and choices made during the marriage. This approach aims to ensure a fair distribution of resources and to protect the economic rights of both spouses post-divorce, in a context where economic disparity can have a significant impact on the lives and well-being of the families involved.