Divorce Alimony and Standard of Living: The Court of Cassation Clarifies with Order No. 25055 of 2024
The recent order of the Court of Cassation, No. 25055 of September 18, 2024, represents an important opportunity for reflection on the methods of calculating divorce alimony and maintenance. The ruling, which involves A.A. and B.B., highlights some critical aspects concerning the assessment of the standard of living during cohabitation and the consequences of new emotional relationships post-separation.
The Principles Established by the Court of Cassation
The Court upheld A.A.'s grounds for appeal, emphasizing that the evaluation of the standard of living cannot be limited to considering only the income that emerged after separation. Indeed, Article 156 of the Civil Code clearly states that the judge must consider the standard of living enjoyed during cohabitation. Below are the key points of the ruling:
- The quantification of the alimony must take into account the standard of living of the couple during the marriage.
- Any assets, in addition to income, must also be considered.
- In the case of new cohabitation, the right to maintenance alimony may cease.
The established jurisprudence holds that the judge of merit, in quantifying maintenance alimony, must ascertain the standard of living that the couple enjoyed during cohabitation.
The Implications of New Cohabitation
A crucial aspect addressed by the Court concerns the possibility of revocation of maintenance alimony in the event of new cohabitation of the beneficiary spouse. The Court clarified that mere cohabitation is no longer the only prerequisite for excluding financial support; it is sufficient to demonstrate a shared life project, even in the absence of cohabitation. This implies that:
- The evidence of the stability of the new relationship must be rigorous.
- The judge must evaluate the circumstantial evidence related to the emotional bond between the new partners.
Conclusions
In conclusion, Order No. 25055 of 2024 represents an important guide for issues related to divorce alimony and maintenance. The Court of Cassation reiterated the necessity of a thorough analysis of the standard of living during cohabitation and the changed living conditions post-separation. This approach ensures greater fairness in decisions, respecting the economic needs of both spouses and the children involved.
