Divorce Alimony and Cohabitation more uxorio: Analysis of the Cass. civ., Sez. I, Ord. n. 27043/2024

The recent ruling of the Supreme Court of Cassation, n. 27043 of 2024, provides important insights into the regulation of divorce alimony and the relevance of cohabitation more uxorio. In particular, the Court addressed the issue of the revocation of alimony in a context where the beneficiary ex-spouse had started a new romantic relationship.

The Case Under Review

In the specific case, A.A. had requested the revocation of the alimony of 1,000 Euros in favor of his ex-wife B.B., arguing that the latter had entered into a new cohabitation with C.C. since 2010. The Court of Appeal of Rome, while acknowledging the new relationship, decided to reduce the amount of alimony to 500 Euros, without completely canceling it, establishing that there was insufficient evidence of stability in the cohabitation.

The Court clarified that the absence of cohabitation is not in itself decisive for evaluating the existence of a de facto family.

Legal Principles Applied

The ruling reaffirms some fundamental principles regarding divorce alimony. Based on established jurisprudence, the establishment of a stable de facto cohabitation can influence the right to alimony, but it does not automatically lead to its cessation. In fact, according to the Court, it is necessary to consider:

  • The rigorous evidence of a new life project with the new partner;
  • The mutual economic contributions and duties of assistance;
  • The overall assessment of the evidence and indicators presented in the case.

Conclusions

In conclusion, the ruling n. 27043/2024 of the Cassation emphasizes the importance of a comprehensive and rigorous assessment of the evidence in determining divorce alimony. The Court clarified that, although cohabitation may constitute an indicative element, it is not the only aspect to consider. The emphasis on the need to demonstrate a real sharing of life and economic commitments represents an important step towards greater fairness in decisions related to divorce alimony, reflecting an evolution of jurisprudence in the matter.

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