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Divorce and Alimony: Commentary on the Judgment of the Cassation Court No. 21111 of 2024

The judgment No. 21111 of 2024 from the Court of Cassation provides important insights into alimony and the criteria that justify its allocation. In this article, we will analyze the key points of the decision, highlighting the essential aspects that every lawyer and interested citizen should know.

The context of the judgment

The case in question involves A.A. and B.B., a couple who married in 1979 and, after a long separation, faced the issue of alimony. The Court of Appeal in Trieste had initially awarded a monthly alimony of 1,100 euros to the ex-wife, asserting that, despite economic difficulties, B.B. did not have adequate means to support herself.

The appellant, A.A., challenged this decision, arguing that the economic situation between the spouses did not justify the alimony. However, the Cassation Court accepted the appeal, highlighting errors in the assessment of the prerequisites for alimony.

The criteria for alimony

The Court reiterated that, according to Article 5, paragraph 6, of Law No. 898 of 1970, alimony should be granted only if there are conditions of inadequacy of the means of the ex-spouse and impossibility of obtaining them for objective reasons. Furthermore, it is essential to evaluate whether there is a significant economic imbalance between the spouses at the time of divorce, stemming from the sacrifices made by one of them during the marriage.

  • Verification of economic disparity
  • Analysis of each spouse's contribution to family life
  • Consideration of any pre-existing financial agreements
In the context of judicial definition of marital crisis, for the allocation of the alimony requested for compensatory-equitable purposes, the judge must assess whether marital agreements containing asset allocations or monetary gifts were negotiated during the marriage.

Conclusions

The judgment No. 21111 of 2024 represents an important milestone in jurisprudence regarding alimony. It underscores the necessity to carefully examine the economic situation of the spouses and the choices made during the marriage, especially in the presence of pre-existing financial agreements. The recognition of alimony should not be automatic, but must be supported by a detailed analysis of the circumstances that characterized the marital life.