Divorce and Alimony: Reflections on the Judgment of the Court of Cassation No. 24995/2023
The recent order of the Court of Cassation No. 24995 of August 22, 2023, has provided important clarifications regarding alimony, a central theme in family law. This case involved A.A. and B.B., with the former requesting the recognition of an alimony payment, claiming to be in a state of economic need. However, the Court rejected the appeal, referencing established jurisprudential principles and emphasizing the importance of evidence.
Requirements for Alimony
The Court highlighted that the recognition of alimony cannot be automatic but must be based on specific requirements, including:
- Inadequacy of the economic means of the requesting ex-spouse;
- Inability to secure means of subsistence for objective reasons;
- Comparative assessment of the economic and asset conditions of the parties.
The judge must consider the contribution made by each spouse to the management of family life and the formation of the common assets.
The Decision of the Court of Cassation
In the case at hand, the Court of Appeal of Turin had already rejected A.A.'s request due to a lack of evidence regarding his economic situation and the alleged income disparity compared to B.B. The Court of Cassation confirmed this approach, emphasizing that the burden of proof rests on the applicant, who must demonstrate not only the inadequacy of their means but also the impossibility of obtaining them. The Court referenced the judgment of the United Sections No. 18287 of 2018, highlighting the need for a thorough analysis of both spouses' financial and income conditions.
Final Considerations
This order represents an important confirmation of the jurisprudential orientation regarding alimony. The Court reiterated that a mere income disparity is not sufficient to justify a request for alimony; instead, a detailed analysis and concrete demonstration of the economic situation are necessary. This approach aims to ensure greater fairness between spouses, preventing abuses and unfounded requests.
