Cass. Civ. n. 24795 of 2024: Reflections on Divorce Alimony and Its Adequacy

The ruling n. 24795/2024 of the Court of Cassation represents an important intervention regarding divorce alimony, providing clarifications on the methods of attribution and the criteria to be considered. In this case, the Court upheld the appeal of A.A. against the ruling of the Court of Appeal of Catanzaro, which had revoked the divorce alimony established in favor of the appellant. The decision is based on established legal principles, highlighting the importance of a thorough analysis of the economic conditions and the shared family choices made by the spouses.

The Functions of Divorce Alimony

The central point of the ruling concerns the supportive and compensatory function of divorce alimony, as provided by Law 898/1978. The Court reiterated that alimony is not merely an immediate economic support but also serves to rebalance the economic conditions between the spouses. In this regard, it is necessary to consider several factors:

• The duration of the marriage and its impact on the spouses' work expectations.
• The contribution made by each spouse to family life and the formation of the common assets.
• The current financial and income conditions of the spouses, as well as future prospects.

The function of divorce alimony must be assessed from a perspective of solidarity, taking into account the entirety of the choices made during the marriage.

The Decision of the Court of Cassation

In reviewing the matter, the Court of Cassation highlighted that the Court of Appeal did not adequately consider fundamental elements such as A.A.'s contribution to managing family life, the sacrifice of her professional aspirations, and the financial guarantees provided in favor of her ex-husband. Furthermore, the necessity for a concrete assessment of the economic conditions of the spouses was emphasized, to determine whether a significant imbalance exists and whether this can be attributed to shared choices made during the marriage.

Conclusions

The ruling n. 24795/2024 of the Court of Cassation offers relevant insights not only for lawyers but also for spouses facing separation or divorce. It underscores the importance of demonstrating not only one's economic condition but also the contribution made to family life and the shared choices. The Court thus ordered a referral for a new examination of the matter, inviting the Court of Appeal to consider all the aforementioned aspects. This case reaffirms the principle that divorce alimony must be adequate and not limited to mere economic assistance, but must also reflect the dynamics and responsibilities assumed during married life.