Divorce Alimony: The Supreme Court on Judgment No. 23082 of 2024

Judgment No. 23082 of the Court of Cassation, issued on June 5, 2024, has shed important light on the issue of divorce alimony, establishing fundamental principles regarding the economic rights and duties of ex-spouses. In this article, we will analyze the content of the ruling, the Court's reasoning, and the implications for future cases.

The Case at Hand

The case originated from a dispute between A.A. and B.B., where the Court of Appeal of L'Aquila had initially excluded the divorce alimony for B.B., despite their family responsibilities and work situation. The Court deemed that B.B. was capable of supporting themselves through their position as Honorary Magistrate, instead increasing the contribution for the maintenance of the children dependent on A.A. However, the Court of Cassation accepted B.B.'s appeal, stating that the efforts and responsibilities in managing the family could not be ignored.

The care of the family is an overriding duty for both spouses and cannot be used to exclude the right to divorce alimony.

Principles Established by the Supreme Court

The Court established that, for the determination of divorce alimony, it is essential to consider:

• The balancing of roles within the couple, where the family burden is predominantly on one of the spouses.
• The difference in work commitment and income satisfaction of each spouse.
• The necessity to demonstrate a causal link between the family burden and professional income, which in this case predominantly fell on B.B.

These principles have been confirmed by more recent case law, overcoming previous interpretations that required stricter proof of lost work opportunities.

Future Implications

Judgment No. 23082 of 2024 represents a significant step towards greater equity in decisions regarding divorce alimony. The Court clarified that the recognition of alimony cannot be excluded solely on the basis of formal work activity but must also consider the impact of family responsibilities.

In conclusion, this ruling invites judges to a deeper reflection on family dynamics and the importance of ensuring a fair distribution of economic resources post-divorce. The protection of the economic rights of both spouses must be at the center of judicial decisions in divorce matters.

Conclusions

In summary, the Supreme Court's ruling of 2024 represents a milestone in the field of divorce alimony, reaffirming the importance of considering the individual circumstances of each spouse and their contribution to the family's well-being. It is crucial that future rulings follow these principles to ensure fair and balanced justice in family matters.