Divorce Alimony: Commentary on the Ruling Cass. Civ. No. 30602 of 2024

The ruling No. 30602 of the Court of Cassation, published on November 28, 2024, provides important clarifications regarding divorce alimony, highlighting how the assessment of the economic conditions of the parties and the contribution made by the financially weaker spouse are fundamental elements for its determination. In this article, we will analyze the key points of the decision and its practical implications.

The Case in Question

The proceedings began with the separation between A.A. and B.B., in which the determination of the divorce alimony was requested. The Court of Appeal of Rome had already confirmed an alimony of €550.00 per month, establishing that the husband, A.A., earned a pension income of about €5,000.00, while the wife, B.B., earned only €1,850.00. This economic imbalance, combined with the professional sacrifices made by B.B. during the marriage, led to the decision to maintain the alimony.

The Legal Principles Referenced by the Court

The Court referred to the principles established by the United Sections in 2018, which state that the judge must consider several factors to evaluate divorce alimony:

  • The economic capacity of the spouses at the time of the divorce.
  • The contribution of each spouse to the family life and the formation of the common property.
  • The duration of the marriage and any professional choices sacrificed by one of the spouses.
The balancing function of the income of ex-spouses is not aimed at restoring the marital standard of living, but at recognizing the role and contribution provided by the economically weaker ex-spouse.

Conclusions

The ruling Cass. Civ. No. 30602 of 2024 represents a significant step in Italian jurisprudence regarding divorce alimony. It reaffirms the importance of a comparative analysis of the economic conditions of the parties and the recognition of the contribution of the weaker spouse in married life. The Court clarified that the alimony must serve not only an assistive function but also a compensatory and equalizing function, in line with the principles of solidarity provided by the Constitution.

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