Divorce and Alimony: Cassation Court Ruling No. 34711 of 2023

The Court of Cassation, with order no. 34711 of 2023, addressed a complex case concerning spousal support (assegno divorzile), providing clarifications on the criteria for assessing the spouses' contribution to the formation of the family's assets. This topic is of great importance, especially in a context where the division of assets and post-separation financial responsibilities are often the subject of legal disputes.

The Case Under Review

The case involves a dispute between A.A. and B.B., in which the Court of Appeal of Genoa had initially set the spousal support at 18,000 euros per month, later reduced to 7,000 euros. The central issue was whether the ex-wife was entitled to a larger allowance, considering her contribution to family life and the financial disparity between the spouses.

• The Court recognized the importance of B.B.'s contribution to family life.
• It emerged that the husband's assets were largely inherited.
• It was emphasized that the standard of living during the marriage should not be the sole reference parameter.

The income-balancing function for ex-spouses is not aimed at recreating the marital standard of living, but at recognizing the role and contribution of the economically weaker ex-spouse.

Criteria for Assessing Spousal Support

The ruling clarifies that, to determine the amount of spousal support, it is essential to consider various factors:

• The economic imbalance between the parties.
• The contribution made by the economically weaker spouse during the marriage.
• The ex-spouse's ability to provide for their own maintenance.

In this case, the Court assessed that, although B.B. owned real estate, her inability to generate independent income justified the granting of an allowance, albeit reduced compared to the initially planned sum. The decision reflects a balance between maintenance needs and the financial reality of both spouses.

Conclusions

In conclusion, ruling no. 34711 of 2023 by the Court of Cassation represents an important clarification regarding spousal support and the recognition of spouses' contributions to the formation of family assets. The Court, confirming principles already expressed in previous rulings, reiterated that spousal support must be calculated considering not only the current financial situation but also the spouses' historical contribution to family life. It is crucial for judges to accurately assess the specific circumstances of each case to ensure that decisions are fair and balanced.