Divorce and Extraordinary Expenses: The Very Recent Ruling of the Court of Cassation
The recent ordinance no. 33939 of December 5, 2023, from the Court of Cassation provides important clarifications regarding the management of extraordinary expenses in the context of divorce. In particular, the ruling focused on the issue of reimbursement for expenses incurred for the maintenance of the adult daughter who is not yet financially independent, a topic of great relevance in post-separation family dynamics.
The Case Under Examination
In the specific case, B.B. requested reimbursement from A.A. for the extraordinary expenses incurred for their daughter C.C., including expenses for university accommodation and other necessities. A.A., however, opposed the request, claiming that such expenses had not been agreed upon and did not fall under the category of extraordinary expenses. The Court of Appeal of Venice upheld the first-instance decision, deeming that the expenses in question were indeed extraordinary and necessary for the well-being of the daughter.
The Court held that, for extraordinary expenses, prior information or agreement with the other parent is not necessary unless they are incompatible with the child’s economic conditions.
Fundamental Legal Principles
The Court of Cassation reiterated some fundamental legal principles regarding child maintenance expenses. In particular, the cohabiting parent is not required to pre-agree on all expenses arising from ordinary needs. Extraordinary expenses must be evaluated in relation to their relevance and unpredictability, and do not always require a prior agreement, especially if they are necessary for the child’s well-being. Key points of the ruling highlight that:
- Expenses must serve the interest of the child.
- The non-cohabiting parent can refuse reimbursement only if the expenses are not justified.
- The financial capacity of the obligated parent is a determining factor.
Conclusions
In conclusion, this ruling represents an important step forward in the protection of children's rights in the event of separation. The Court clarified that extraordinary expenses do not always require prior agreement between parents, but must always be assessed based on the best interest of the minor and the financial situation of the parents. It is essential that all decisions made are oriented towards the well-being of the children, who must remain at the center of family dynamics even post-divorce.
