Alimony and Separation: Commentary on the Ruling Cass. civ., Section I, Order no. 30119 of 2024

The recent order of the Court of Cassation no. 30119 of 2024 has sparked a new debate regarding alimony in cases of spousal separation. This case, involving A.A. and B.B., offers interesting insights into how judges assess the financial situations and earning capacities of spouses during separation.

The Case in Brief

Mr. A.A. requested legal separation from his spouse B.B., highlighting an income disparity between the parties. Despite her claims about her income, Ms. B.B. contested the financial situation, requesting a monthly maintenance contribution. The Court of Bolzano initially set an allowance of Euro 300.00, a figure confirmed by the Court of Appeal of Trento.

The Rationale of the Court of Cassation

The appeal filed by A.A. was based on two main grounds of challenge:

• Omission to examine facts and violation of the rebus sic stantibus principle.
• Erroneous application of legal provisions relating to alimony.

Personal separation presupposes the continuation of the marital bond; therefore, alimony must guarantee the standard of living enjoyed during the marriage.

The Court rejected both grounds, emphasizing that the comparative assessment of the parties' economic capacities had been conducted correctly. In particular, it reiterated that the duty of material assistance persists even in cases of separation, and that the allowance must reflect the needs of the economically weaker spouse.

Implications of the Ruling

This order from the Court of Cassation confirms the jurisprudential trend according to which alimony must guarantee the standard of living maintained during the marriage, unless there are valid reasons to justify a reduction in the amount. The Court also highlighted the importance of adequate proof of the economic situation by the requesting spouse, as established by Articles 156 and 2697 of the Civil Code.

Conclusions

Ruling no. 30119 of 2024 represents an important precedent in matters of separation and alimony. It reaffirms the need to consider the financial context and marital responsibilities in determining the allowance, thereby protecting the rights of the more vulnerable spouse. For legal professionals, this order offers insights for in-depth reflection on how to manage disputes concerning separation and maintenance, highlighting the importance of documentation and proof of earning capacities.