Divorce Alimony and Cohabitation: The Recent Supreme Court Ruling

The recent order of the Court of Cassation (No. 27043/2024) offers important insights regarding divorce alimony and its revocation in the presence of a new cohabitation. The ruling, examining the case of A.A. and B.B., clarifies how the stability of a spouse's new romantic relationship can influence the right to maintenance, highlighting the importance of evidence in assessing post-divorce living conditions.

The Case Under Review

The Court of Velletri had initially granted A.A.'s request for the revocation of the 1,000 euro divorce alimony in favor of B.B., considering that the latter had entered into a de facto relationship with another partner. However, the Court of Appeal of Rome partially modified this decision, reducing the alimony to 500 euros. A.A. then appealed to the Court of Cassation, contesting the Court of Appeal's assessments.

Legal Principles and Evidence Assessment

The Court of Cassation reiterated that, for the purpose of revoking divorce alimony, proof of a new cohabitation must be rigorous and demonstrate the existence of a shared life project. In particular, the Court emphasized that:

• Cohabitation is not an indispensable requirement to consider a relationship as a de facto family.
• It is necessary to globally assess all indications of the relationship, not limiting oneself to the mere absence of cohabitation.
• The new life project must be demonstrated through concrete evidence of mutual moral and material assistance.

Cohabitation has evidentiary value, but its absence is not decisive in denying the right to divorce alimony.

In the specific case, the Court held that the Court of Appeal had correctly assessed the evidentiary elements, concluding that there was insufficient proof to demonstrate the stability of B.B.'s new relationship and that shared expenses and trips were not indicative of a true community of life.

Conclusions

This ruling represents an important reference point for judges and lawyers operating in the field of family law. It clarifies that the assessment of evidence must be comprehensive and not atomistic, and that mere cohabitation is not sufficient to determine the revocation of divorce alimony. Spouses must demonstrate the existence of a new shared life project to legitimize the request for modification of post-divorce financial arrangements. In conclusion, the Cassation ruling not only guides future judicial decisions but also offers insights for a broader reflection on the concept of family and the rights of spouses during separation and divorce.