Consensual Separation and Maintenance Alimony: The Supreme Court Ruling

The recent ruling no. 41232 of December 22, 2021, by the Court of Cassation offers important clarifications regarding the commencement date of maintenance alimony for the spouse and children in the context of consensual separation. This pronouncement is part of a heated legal debate of great social relevance, as it touches upon fundamental rights related to the sustenance and well-being of families.

The Case Under Review

In the specific case, the appellant B.A. contested the decision of the Court of Appeal of Perugia, which had granted the request of the spouse T.A. to proceed with forced execution for the payment of maintenance alimony. The central issue was to determine the commencement date of this obligation: whether from the date of filing the petition for consensual separation or from the date of the court's approval of the measure.

The Court of Cassation has established that maintenance alimony is due from the date of filing the petition, not from the date of approval.

The Position of the Court of Cassation

The Court, while acknowledging that consensual separation has different characteristics compared to judicial separation, confirmed the validity of the commencement of maintenance alimony from the date of filing the petition. This principle is based on an interpretation of the rules governing the effectiveness of agreements between spouses and the need to ensure that economic rights are not compromised by the time required for approval.

• The commencement of alimony is linked to the filing of the petition.
• The ruling specifies that without explicit contrary indications, alimony is due from the moment of the request.
• The Court refers to copious case law to support its thesis.

Practical Implications of the Ruling

This pronouncement has significant implications for couples facing consensual separation. It offers greater protection for the economically weaker spouse, ensuring that maintenance obligations do not suffer unjustified delays. Furthermore, it clarifies that parties must always explicitly state the commencement date of their obligations when entering into an agreement, to avoid future disputes.

Conclusions

In conclusion, ruling no. 41232 of the Court of Cassation represents a step forward in the protection of economic rights within consensual separation. It reaffirms the need to clarify the terms of agreements between spouses, so that there are no misunderstandings regarding the commencement date of maintenance obligations. Case law continues to evolve, offering ever more protective tools for the parties involved.