Divorce and Alimony: Commentary on Cass. civ., Sez. I, Ord. n. 20507 of 2024

The recent ruling of the Court of Cassation on July 24, 2024, n. 20507, provides an important opportunity for reflection on alimony in the case of separation. The ruling, in particular, examines the issue of the duration of the marriage and the economic capabilities of the spouses, establishing clear principles that deserve analysis.

Context of the Ruling

The case in question concerns the separation between A.A. and B.B., a marriage that lasted only a few months. The Court of Appeal of Trieste had confirmed the alimony of €3,000.00 in favor of the wife, despite the brevity of the union. A.A. then filed an appeal, contesting various aspects of the merits decision.

Legal Principles Emerging

The Court of Cassation accepted the third reason for the appeal, emphasizing that, despite the short duration of the marriage, it was essential to evaluate the overall economic situation of the spouses. It was highlighted that:

• The duration of the marriage must be considered in the quantification of alimony.
• In the case of a short marriage, the right to alimony cannot be excluded if there are constitutive elements such as the non-fault nature of the separation.
• It is necessary to assess the economic disparity between the parties and the working capabilities of the requesting spouse.

The personal separation between spouses does not extinguish the mutual duty of material assistance, but the duration of the marriage can affect the determination of alimony.

Practical Implications of the Decision

This ruling offers fundamental insights for legal practice, as it clarifies that the assessment of alimony must take into account multiple factors, including:

• The actual duration of the marriage.
• The working capabilities of the requesting spouse.
• The overall economic situation and asset disparity.

In particular, the Court reiterated that the brevity of the marriage does not, in itself, exclude the right to alimony, but may influence its quantification. This message is of great relevance for lawyers and clients, as it provides guidance on how to navigate similar situations.

Conclusions

The decision of the Court of Cassation n. 20507 of 2024 represents an important step forward in defining the criteria for alimony in the case of separation. It highlights how justice must consider the real economic conditions and capabilities of each spouse, maintaining a balance between rights and duties. For legal professionals, this ruling should serve as a reference in cases of separation, especially when personal and financial circumstances are complex.