Divorce and Alimony: The Ruling No. 34711 of 2023 by the Court of Cassation

The Court of Cassation, with order No. 34711 of 2023, addressed a complex case concerning alimony, providing clarifications on the assessment criteria of the spouses' contributions to the formation of the family estate. This issue is of great relevance, especially in a context where the division of assets and economic responsibilities post-separation are often the subject of legal disputes.

The Case Under Review

The case concerns the dispute between A.A. and B.B., in which the Court of Appeal of Genoa initially set the alimony at 18,000 euros per month, later reduced to 7,000 euros. The central question was whether the ex-wife was entitled to a more substantial alimony, considering her contribution to family life and the patrimonial imbalance between the spouses.

• The Court recognized the importance of B.B.'s contribution to family life.
• It emerged that the husband’s estate was largely inherited.
• It was emphasized that the standard of living during the marriage should not be the only reference parameter.

The balancing function of the income of ex-spouses is not aimed at restoring the marital standard of living, but at recognizing the role and contribution provided by the economically weaker ex-spouse.

Assessment Criteria for Alimony

The ruling clarifies that, to determine the amount of alimony, it is essential to consider various factors:

• The economic imbalance between the parties.
• The contribution made by the economically weaker spouse during the marriage.
• The ability of the ex-spouse to provide for their own maintenance.

In this case, the Court assessed that, although B.B. had real estate, her inability to generate independent income justified the granting of alimony, albeit reduced from the initially proposed amount. The decision reflects a balance between the maintenance needs and the patrimonial reality of both spouses.

Conclusions

In conclusion, the ruling No. 34711 of 2023 by the Court of Cassation represents an important clarification regarding alimony and the recognition of the spouses' contributions to the formation of the family estate. The Court, reaffirming principles already expressed in previous rulings, reiterated that alimony must be calculated taking into account not only the current patrimonial situation but also the historical contributions of the spouses to family life. It is essential that judges accurately assess the specific circumstances of each case, so that decisions are fair and balanced.