Divorce Alimony and Premarital Cohabitation: the Ruling of the Cassation Court No. 35385 of 2023
The ruling of the Supreme Court of Cassation, No. 35385 of December 18, 2023, addresses a highly relevant issue in family law: the recognition of the period of premarital cohabitation for the purpose of determining divorce alimony. This aspect is crucial to ensure fair economic treatment between spouses, especially in situations where one has sacrificed their professional aspirations for the good of the family.
The Case Under Examination
The dispute arises from a request by A.A. against B.B., regarding divorce alimony and the contribution for child support. The Court of Appeal of Bologna had reduced the amount of divorce alimony awarded to A.A., believing that the duration of the premarital cohabitation and the contribution it made to family life had not been adequately considered. The Cassation Court, accepting A.A.'s appeal, emphasized that the period of cohabitation must be evaluated in light of the choices and sacrifices made by the spouses during their life together.
The Implications of the Ruling
The period of premarital cohabitation, when marked by stability and continuity, must be considered in evaluating the contribution made to family management.
The decision of the Cassation Court not only clarifies the importance of the period of premarital cohabitation but also establishes a legal principle. This principle states that, in cases where marriage relates back to a period of premarital cohabitation, it is necessary to also account for the latter in the quantification of divorce alimony, particularly to ascertain the contribution made by the applicant.
Conclusions
In conclusion, the ruling of Cassation No. 35385 of 2023 represents a significant step towards greater equity in decisions regarding divorce alimony. It recognizes the value of the contribution made during the period of premarital cohabitation, establishing that the choices made during that phase must be considered in the context of married life. This approach aims to ensure that ex-spouses can benefit from a fairer treatment that is consistent with the reality of their relationships.
