Divorce Alimony and Jurisdiction: Analysis of the Ordinance Cass. civ., Sez. I, n. 25353 of 2024
The recent ordinance of the Court of Cassation, n. 25353 of 2024, provides an important opportunity for reflection on the criteria for awarding divorce alimony. In this case, the Court addressed issues related to the applicability of Swiss law regarding divorce alimony, highlighting the need for a careful assessment of the economic and personal conditions of the involved spouses.
The Context of the Ruling
The case originates from a dispute between A.A. and B.B., in which the Court of Pesaro had initially established a divorce alimony of 10,000 euros per month in favor of B.B. However, the Court of Appeal of Ancona, partially accepting B.B.'s appeal, reviewed the amount of the alimony, raising it to 19,000 euros per month, after considering various factors including the duration of the marriage and the economic conditions of the parties.
The Court stated that divorce alimony has an assistive, compensatory, and equalizing function, requiring an assessment of the inadequacy of the applicant's means.
The Issue of Jurisdiction and Applicable Law
A crucial aspect of the ruling is the issue of jurisdiction. The Court confirmed that, although the marriage was contracted in Switzerland, Italian jurisdiction was applicable for requests related to divorce alimony. This was established based on art. 31 of law n. 218/1995, which allows the application of common law to spouses in matters of divorce.
Criteria for Determining Divorce Alimony
The Court referred to art. 125 of the Swiss Civil Code, highlighting that to determine divorce alimony, various parameters must be considered, including:
- Duration of the marriage
- Economic conditions of both spouses
- Age and health of the spouses
- Applicant's work capacity and earning potential
In particular, the Court emphasized that the alimony must be adequate and not exclusively assistive, but also compensatory and equalizing, reflecting the actual living needs of the beneficiary.
Conclusions
In conclusion, ordinance n. 25353 of the Court of Cassation represents an important reminder of the need for a multidimensional assessment of divorce alimony, which takes into account not only immediate needs but also the future prospects of the spouses. This approach helps to ensure greater fairness in the distribution of resources post-divorce, avoiding excessive burden on one of the parties.
