Judgment Cass. No. 7383/2023: Reflections on the Review of Alimony After Divorce

The Supreme Court of Cassation, in judgment no. 7383 of 2023, addressed crucial issues regarding the review of economic conditions post-divorce, particularly concerning alimony and supplementary agreements made between the parties. The case examined involved Davide M. T. and Francesca M., whose economic rights and duties were contested. This judgment represents an important step in understanding family law in Italy and the economic dynamics that arise after the end of a marriage.

The Context of the Judgment

The appellant, Davide M. T., had requested a review of the alimony established during the consensual separation and subsequently confirmed in the divorce. The Court of Appeal of Milan had upheld the first-instance decision, deeming the amount of €3,000.00 per month valid, while also reducing the alimony for child support. However, the appellant contested the decision, arguing that the changes in economic conditions did not take into account certain fundamental aspects, such as the ancillary agreements made during the divorce.

The review of alimony must consider not only the new circumstances but also the nature and validity of the contractual agreements between the parties.

The Legal Issues Raised

The judgment highlighted two main aspects:

• Ancillary Agreements: The Court excluded that the private agreement between the parties could be modified without the consent of both, establishing that such supplementary pacts cannot be subject to review without adequate justification.
• Compensatory Component of Alimony: The Court reiterated that the right to alimony does not lose validity in the event of the beneficiary's new cohabitation, as the compensatory component must be recognized regardless of changes in economic conditions.

Implications of the Judgment

This decision is particularly significant for the following reasons:

• It clarifies that ancillary agreements, while private and lacking homologation, must be considered in the review of economic conditions, provided they do not violate mandatory rules.
• Furthermore, the judgment confirms that the review of alimony can occur even in the presence of substantial changes, as long as the permanence of the compensatory component is demonstrated.

Conclusions

The judgment no. 7383/2023 of the Court of Cassation provides an in-depth view of the economic dynamics post-divorce and emphasizes the importance of considering the private agreements made between the parties. The Court has indeed reiterated that the review of alimony must take into account not only the new circumstances but also the validity and nature of the contractual agreements. This ruling represents an important reference point for family law professionals and for all parties involved in divorce proceedings.