Divorce and Alimony: The Court of Cassation Confirms the Importance of Res Judicata (Cass. civ. n. 30545/2024)
The Court of Cassation, with order no. 30545 dated November 27, 2024, addressed the crucial issue regarding alimony, reiterating the principle that res judicata covers not only what has been alleged but also what can be inferred. The ruling is set against a legal context where the stability of decisions regarding divorce is fundamental to ensuring the certainty of legal relationships.
The Case Considered by the Court of Cassation
In the case at hand, A.A. had requested the revocation of the alimony obligation imposed on him, arguing that his ex-wife B.B. was living with another man, a circumstance that would justify the termination of the maintenance obligation. However, the Court and subsequently the Court of Appeal of Venice rejected the request, emphasizing that the contested facts were already covered by res judicata.
- The appellant had previously requested a reduction in alimony without mentioning the ex-wife's cohabitation.
- The Court of Appeal emphasized that the request for revocation could not be based on circumstances already known or deducible in the previous judgment.
The principle that res judicata covers what has been alleged and what can be inferred also applies in disputes concerning alimony.
The Principle of Res Judicata and Its Implications
The Court reiterated that divorce rulings regarding economic relationships become res judicata rebus sic stantibus. This means that once a right or obligation is established, it cannot be called into question based on facts that existed prior to the ruling, unless a true novelty arises.
Moreover, the Judge clarified that mere knowledge of a romantic relationship does not equate to stable cohabitation, especially if there is no concrete evidence of such a change. This is crucial to prevent spouses from continually challenging already made decisions, creating uncertainty and instability in personal and financial relationships.
Conclusions
In conclusion, order no. 30545 of the Court of Cassation represents an important confirmation of the stability of res judicata in the context of divorce. The Court clarified that new requests must be based on genuinely new facts and not on already known situations, in order to protect the certainty of rights and duties post-divorce.
