Divorce Allowance and Work Capacity: Commentary on the Ruling of Cass. civ. n. 30767/2024
The ruling n. 30767 of 2024 by the Court of Cassation fits into a legal context increasingly attentive to post-divorce economic dynamics. In particular, it addresses the issue of the divorce allowance and the work capacity of the parties, a matter of significant importance for the protection of the economic rights of spouses. This ruling provides an in-depth analysis of the economic balance between ex-spouses and the conditions necessary for granting maintenance support.
The Case Examined by the Court
In this case, A.A. challenged a ruling from the Court of Appeal of Venice that had granted a divorce allowance in favor of his ex-wife B.B. of 350 euros per month, considering that she was in a state of economic difficulty. A.A. contested the assessment of the ex-spouse's economic capacity, emphasizing that she received income from work and had not filed a tax return.
- Duration of marriage: 25 years
- Economic conditions: significant disparity between the spouses
- Allowance granted: 350 euros per month with assistance functions
The Court of Cassation reiterated that the assessment of work capacity cannot be generic and must take into account the specific personal and work conditions of the ex-spouse.
The Reasons for the Ruling
The Court deemed A.A.'s requests regarding the verification of the ex-wife's income inadmissible, arguing that there were not enough elements to justify such inquiries. In fact, the Court highlighted that B.B. was not a property owner and did not receive any income, having been unemployed since 2014. Furthermore, the age of the ex-spouse, nearly 65 years, made her reintegration into the job market difficult.
Regarding B.B.'s work capacity, the judge noted that her job search, documented by the sending of resumes, could not be considered inaction, but rather evidence of her willingness to improve her economic condition.
Implications and Final Considerations
The ruling Cass. civ. n. 30767/2024 offers significant insights into how Italian law considers economic dynamics in the case of divorce. It highlights the importance of a detailed analysis of the economic conditions of the parties and the context in which they find themselves.
This decision represents an important precedent reiterating the principle that the divorce allowance must be adequate to the real needs of the economically weaker ex-spouse. The Court demonstrated that it takes into account not only the economic aspect but also the personal conditions and work history of the spouses, making the ruling an example of balance and justice.
Conclusions
In conclusion, the ruling of the Court of Cassation highlights the need for a balanced approach in determining the divorce allowance, considering not only work capacity but also the socio-economic context of the spouses. Case law continues to evolve, and this decision represents an important step towards greater equity in post-divorce economic relations.
