Divorce Alimony and Economic Inequality: Commentary on the Ruling of the Court of Cassation, Order No. 32354 of 2024

The recent ruling of the Court of Cassation, No. 32354 of 2024, addresses the issue of divorce alimony in a context of economic disparity between spouses. The court highlighted not only the economic conditions of both spouses but also the importance of a fair assessment of the choices made during married life.

The Context of the Ruling

In this case, the appellant A.A. challenged the decision of the Court of Appeal of Cagliari, which had denied the recognition of a divorce alimony, despite her being unemployed and without income. The Court of Appeal had deemed the alimony unnecessary, relying on financial documents and the alleged ability of A.A. to work despite her health issues.

The compensatory and equalizing function of divorce alimony must consider the choices made during the marriage and their impact on the economic situation at the time of divorce.

Criteria for Divorce Alimony

According to Italian law, particularly Article 5 of Law No. 898 of 1970, divorce alimony has an assistive and compensatory function. This means that the court must consider:

  • The economic condition of the spouses at the time of divorce.
  • The contribution of each to family life and the formation of the common estate.
  • The choices made during the marriage and their influence on the current economic situation.

In the case at hand, the court noted that the appellant had contributed to the purchase of the marital home, but the Court of Appeal had not adequately considered this aspect, limiting itself to assessing her current economic condition without a thorough analysis of the historical context of the family choices.

Conclusions

The ruling of the Court of Cassation represents an important step forward in recognizing that relational dynamics and shared choices during marriage carry significant weight in the assessment of divorce alimony. The court clarified that it is not enough to analyze current incomes, but it is essential to consider the long-term effects of family choices on each spouse's ability to provide for themselves. This decision could influence future disputes related to divorce alimony, emphasizing the importance of a fair and just assessment for both parties.

Bianucci Law Firm