Divorce Alimony and Cohabitation: Commentary on the Supreme Court Ruling
The recent ruling by the Supreme Court, issued on January 30, 2023, offers important reflections on the dynamics related to divorce alimony, particularly in relation to the establishment of a cohabitation. This case, involving A.A. and B.B., highlights the criteria for evaluating evidence and the responsibilities of the parties.
The Context of the Ruling
In the legal case, the Court of Ancona had initially revoked the annual divorce alimony of 48,000 euros, requesting an increase in the contribution for child support. However, the Court of Appeals found the evidence presented by B.B. insufficient to demonstrate a stable cohabitation with C.C. and rejected the request for an increase in alimony. This led A.A. to file a cassation appeal.
The Supreme Court reiterated that the demonstration of a cohabitation can affect the right to divorce alimony, but a rigorous judicial assessment of the conditions of stability and continuity is necessary.
The Guidelines of the Supreme Court
The Court clarified that, in the case of a new cohabitation, the judge must ascertain the stability of the relationship and its duration. In this regard, it referenced the principles expressed in the United Sections, emphasizing that the obligated spouse has the burden of proving the existence of a new family, but not necessarily proving every detail of the contribution to the household.
- It is necessary to demonstrate the stability of the cohabitation, not just cohabitation itself.
- The judge must consider all evidentiary elements in a holistic manner.
- The job proposal and other economic factors must be weighed carefully.
Conclusions: Implications for Rights and Duties Post-Divorce
The decision of the Supreme Court underscores the importance of a thorough evaluation of the evidence presented in the review of divorce alimony. Parties must be aware that the mere existence of an emotional relationship is not sufficient to exclude the right to alimony, but requires a detailed analysis of the concrete circumstances. Ultimately, this ruling represents a significant step in protecting the rights of ex-spouses and defining post-divorce economic conditions.
