Recognition of Alimony: Analysis of the Judgment of the Supreme Court, Section I, Order No. 30537 of 2024

The ruling of the Supreme Court of Cassation on July 3, 2024, No. 30537, provides relevant insights regarding the recognition of alimony, addressing the methods of evaluating the economic conditions of the spouses. In this specific case, the Court accepted the appeal presented by A.A., highlighting the importance of considering the personal and economic contributions made by each spouse during the marriage.

The Context of the Ruling

The case involves A.A. and B.B., a couple who married in 1983 and separated in 2010. During the divorce proceedings, A.A. requested alimony, but the first-instance court rejected this request. The Court of Appeal of Venice confirmed this decision, believing there was no economic imbalance sufficient to justify alimony.

Grounds for Appeal and the Decisions of the Court of Cassation

A.A. appealed to the Court of Cassation, raising several criticisms regarding the assessment of the financial and income conditions. Among the main grounds, the Court accepted:

• the violation of Article 5, paragraph 6, of Law No. 898 of 1970, for the failure to consider the wife's contribution to the formation of the marital assets;
• the failure to examine relevant documentation, such as the company registration of a Hungarian company of which B.B. was a partner;
• the insufficiency of the reasoning provided by the Court of Appeal regarding the need for expert integrations.

The recognition of alimony requires the ascertainment of the inadequacy of the means of the requesting ex-spouse and the impossibility of obtaining them for objective reasons.

The Court emphasized that alimony has both an assistance and compensatory function and that the evaluation must take into account the marital history and the contributions of each spouse. The absence of children carries weight, but it should not exclude the possibility of alimony if there are substantial disparities between the parties.

Legal Implications of the Ruling

This ruling is significant because it clarifies how the evaluation of alimony should be conducted thoroughly, considering not only current incomes but also historical contributions to the common assets. The Court of Cassation highlighted that mere adherence to a technical appraisal is insufficient; adequate reasoning must be provided to justify the decisions made.

In conclusion, the Court of Cassation annulled the ruling of the Court of Appeal, remanding the matter for a reevaluation of the financial and income circumstances, thereby emphasizing the importance of a careful analysis in cases of divorce and the assignment of alimony.

Conclusions

The ruling No. 30537 of 2024 represents a step forward in the jurisprudence regarding divorce and alimony, clarifying that each case must be evaluated based on the specific economic circumstances and historical contributions of each spouse. This approach not only protects the rights of the more vulnerable ex-spouse but also ensures that decisions are legally grounded and justified.