Divorce Allowance: Clarifications from the Court of Cassation
The recent ruling of the Court of Cassation (no. 27945 of October 4, 2023) has brought attention back to the delicate issue of divorce allowance. In this case, the Court accepted the appeal of A.A., the ex-wife, against the decision of the Court of Appeal of Perugia which had denied the allowance. But what are the criteria that justify such attribution?
The Context of the Ruling
The Court of Appeal had confirmed the rejection of the application for divorce allowance, deeming the prerequisites for attribution unproven. However, the Court of Cassation highlighted that the trial judge did not adequately consider the income disparity between the spouses, nor the contribution of the appellant to family life.
The recognition of the divorce allowance requires the determination of the inadequacy of the means of the requesting ex-spouse and the impossibility of obtaining them for objective reasons.
Fundamental Principles on Divorce Allowance
According to jurisprudence, the divorce allowance serves both an assistive and compensatory function. Here are some key points to consider:
- The assessment must take into account the contribution made to the management of family life.
- The sacrifice of professional opportunities by one of the spouses is a fundamental element.
- It is not necessary to prove a complete abandonment of the career, but only a significant sacrifice.
The Court of Cassation has indeed clarified that the judge must ascertain whether the requesting spouse has actually contributed to family life, even if such contribution was not exclusive.
Conclusions
The ruling in question emphasizes the importance of a fair assessment of the economic conditions of the spouses in light of the principle of solidarity. The Court therefore annulled the contested ruling, inviting the referring judge to reconsider the request for divorce allowance in light of the criteria presented. This ruling represents an important step towards ensuring fair and equitable treatment for those facing separation.
