Divorce and Extraordinary Expenses: The Very Recent Ruling of the Court of Cassation

The recent ordinance no. 33939 of December 5, 2023, by the Court of Cassation offers important clarifications regarding the management of extraordinary expenses in divorce proceedings. In particular, the ruling focused on the issue of reimbursement for expenses incurred for the maintenance of an adult daughter who is not yet economically self-sufficient, a matter of great relevance in post-separation family dynamics.

The Case Under Review

In the specific case, B.B. had requested reimbursement from A.A. for extraordinary expenses incurred for their daughter C.C., including expenses for university accommodation and other necessities. A.A., however, had objected, arguing that these expenses had not been agreed upon and did not fall within the scope of extraordinary expenses. The Court of Appeal of Venice had confirmed the first-instance decision, holding that the expenses in question were indeed extraordinary and necessary for the daughter's well-being.

The Court held that, for extraordinary expenses, prior information or consultation with the other parent is not necessary, unless they are incompatible with the child's economic conditions.

Fundamental Legal Principles

The Court of Cassation reiterated some fundamental legal principles concerning child maintenance expenses. In particular, the cohabiting parent is not required to pre-agree to all expenses arising from ordinary needs. Extraordinary expenses must be assessed in relation to their significance and unpredictability, and do not always require prior agreement, especially if they are necessary for the child's well-being. Among the salient points of the ruling, it is highlighted that:

• Expenses must serve the child's interest.
• The non-cohabiting parent can refuse reimbursement only if the expenses are not justified.
• The financial capacity of the obligated parent is a determining factor.

Conclusions

In conclusion, this ruling represents an important step forward in protecting the rights of children in cases of separation. The Court has clarified that extraordinary expenses do not always require prior agreement between parents, but must always be assessed based on the child's best interest and the parents' economic situation. It is essential that all decisions made are oriented towards the well-being of the children, who must remain at the center of family dynamics even after divorce.