Divorce and Maintenance Allowance: Commentary on Judgment Cass. Civ. No. 21111 of 2024
Judgment No. 21111 of 2024 by the Court of Cassation offers important food for thought on the divorce maintenance allowance and the criteria that justify its attribution. In this article, we will analyze the salient points of the decision, highlighting the key aspects that every lawyer and interested citizen should know.
The context of the judgment
The case in question concerns A.A. and B.B., a couple who married in 1979 and who, after a long separation, faced the issue of the divorce maintenance allowance. The Court of Appeal of Trieste had initially recognized an allowance of 1,100 euros per month in favor of the ex-wife, arguing that, despite economic difficulties, B.B. did not have adequate means to support her life.
The appellant, A.A., contested this decision, arguing that the economic situation between the spouses did not justify the allowance. However, the Cassation Court upheld the appeal, highlighting errors in the assessment of the prerequisites for the divorce maintenance allowance.
Criteria for the divorce maintenance allowance
The Court reiterated that, according to art. 5, paragraph 6, of Law No. 898 of 1970, the divorce maintenance allowance must be granted only if there are conditions of inadequacy of the ex-spouse's means and impossibility of obtaining them for objective reasons. Furthermore, it is essential to assess whether there is a significant economic imbalance between the spouses at the time of the divorce, resulting from the sacrifices made by one of them during married life.
- Verification of economic disparity
- Analysis of each spouse's contribution to family life
- Consideration of any pre-existing financial agreements
In the context of the judicial definition of marital crisis, for the attribution of the divorce maintenance allowance requested for compensatory-rebalancing purposes, the judge must assess whether marital agreements involving financial assignments or monetary grants were negotiated during married life.
Conclusions
Judgment No. 21111 of 2024 represents an important step in the jurisprudence concerning the divorce maintenance allowance. It emphasizes the need to carefully examine the economic situation of the spouses and the choices made during the marriage, especially in the presence of pre-existing financial agreements. The recognition of the divorce maintenance allowance must not be automatic, but must be supported by a detailed analysis of the circumstances that characterized married life.
