Divorce Alimony: Analysis of the Judgment of the Court of Cassation, Section I, Order No. 26520 of 2024
The recent ruling of the Court of Cassation, No. 26520 of 2024, offers significant insights regarding divorce alimony, clearly addressing the criteria to be considered in its determination. In particular, the Court reiterated the importance of evaluating the income disparity between ex-spouses and the contribution made by each to family life. This article aims to examine the key points of the ruling, focusing on the legal principles that support it.
The Context of the Ruling and the Reasons for the Appeal
In this case, the Court of Appeal of Milan had confirmed the divorce alimony of €1,720.00 per month in favor of the ex-wife B.B., after the husband A.A. contested this decision. The appellant complained of the violation of legal norms, arguing that his economic situation and the assets of the ex-wife had not been adequately considered. However, the Court established that the income disparity and the choices made during the marriage justify the alimony.
The balancing function of the income of ex-spouses is not aimed at restoring the standard of living during marriage, but at recognizing the role and contribution made by the economically weaker ex-spouse.
The Criteria for Determining Divorce Alimony
The ruling reiterates the importance of a rigorous assessment of the economic disparity between spouses at the time of divorce. In particular, the Court highlighted that divorce alimony serves both an assistance and a compensatory function, aimed at rebalancing the economic positions of the parties. The Court referred to the principles established by the United Sections, according to which the judge must consider:
- The economic and asset conditions of the parties;
- The contribution made to the management of family life;
- The duration of the marriage and the age of the requesting spouse.
Conclusions
The ruling No. 26520 of 2024 is an important step forward in clarifying the criteria for determining divorce alimony. It emphasizes how the compensatory function of the alimony must take into account not only the assistance needs but also the concrete contribution made by each spouse to the realization of family life. This approach aims to ensure economic fairness between the parties, reflecting the sacrifices and choices made during married life.
