Divorce and Alimony: Reflections on the Very Recent Ruling of the Court of Cassation
On October 27, 2023, the Court of Cassation issued a significant ruling concerning the revision of divorce conditions, particularly the assignment of the marital home and alimony. This ruling represents an important legal precedent, clarifying various aspects related to the modification of financial conditions post-divorce.
The Issue of Assigning the Marital Home
In this case, A.A. requested the revocation of the assignment of the marital home to B.B., arguing that both adult children no longer lived with their mother. The Court of Appeal, accepting B.B.'s appeal, ruled that the alimony should be increased from 800 to 1,200 euros per month. This raised the question of whether the revocation of the assignment could be considered a significant change.
In terms of revising divorce conditions, the revocation of the assignment of the family home, which is solely owned by the other ex-spouse, constitutes a evaluable significant change.
The Economic Implications of Revocation
The Court reiterated that the revocation of the assignment of the marital home has considerable economic repercussions. In fact, such revocation can lead to an improvement in the economic conditions of the owning spouse, who can now use the property at will. This concept has been confirmed by previous case law, emphasizing the importance of considering the current financial situation of the spouses.
- The loss of the assignment of the family home is a circumstance that can influence the amount of alimony.
- The judge must examine the relative economic conditions and the changes that have occurred over time.
- In the case in question, the increase in alimony is justified in light of the new economic conditions of the applicant.
Conclusions
The ruling of the Court of Cassation provides important food for thought for those facing similar situations. It highlights how decisions regarding the assignment of the family home and divorce alimony are not static but can and should be revised in light of changes in economic circumstances. It is essential for spouses, during the divorce process, to consider not only their current conditions but also the possible future developments of their economic situations.
