Divorce Alimony and Marital Home: Commentary on Order Cass. civ. no. 16691/2024

In its recent ruling no. 16691 of 2024, the Court of Cassation addressed issues of great importance in the context of divorce, particularly regarding divorce alimony and the assignment of the marital home. This judgment clarifies some fundamental aspects that deserve analysis to understand the legal and practical implications of the decisions made.

Context of the Judgment

The Court of Appeal of Trieste had granted the appeal of B.B. against the first-instance judgment that recognized divorce alimony in favor of A.A. and assigned the marital home to the latter. The Cassation Court, however, noted that the Court of Appeal's decision had not adequately considered the economic and financial conditions of the spouses, as required by art. 5 of Law no. 898/1970.

The Court of Cassation established that divorce alimony must be assessed based on the economic and financial conditions of both spouses and cannot be revoked without adequate comparative analysis.

Issues Relating to Divorce Alimony

A crucial aspect of the judgment concerns divorce alimony, which can only be granted in cases of economic self-sufficiency deficiency or if there has been an unjustified transfer of assets between the spouses. The Court emphasized that A.A., despite being formally the owner of the home, enjoyed an adequate income thanks to her profession as a teacher and her participation in her husband's company. Therefore, the conditions to justify divorce alimony were not met.

• The requesting spouse must demonstrate the inability to independently provide for their own needs.
• It is necessary to examine the contribution made by each spouse during the marriage.
• Economic disparities must be analyzed within the context of family and professional choices.

Assignment of the Family Home

Another focal point of the judgment concerns the assignment of the marital home. The Court ruled that, even if the home is owned by A.A., this does not preclude its assignment to the spouse with whom the children live, to ensure them a stable family environment. Furthermore, the Court reiterated that the assignment of the home also includes furnishings and movable property, essential for maintaining the comfort and continuity of the minors' domestic life.

Conclusions

The recent order from the Cassation Court offers significant insights into understanding the legal dynamics related to divorce. It reiterates the importance of an accurate assessment of the economic conditions of both spouses and the impact of family choices on their financial balance. Lawyers and legal professionals must consider these principles to best protect the interests of their clients.