Divorce Alimony and Marital Home: Commentary on the Ordinance Cass. Civ. No. 16691/2024

In the recent provision No. 16691 of 2024, the Court of Cassation addressed issues of great relevance in the context of divorce, particularly regarding alimony and the allocation of the marital home. This ruling clarifies some fundamental aspects that deserve analysis to understand the legal and practical implications of the decisions made.

Context of the Ruling

The Court of Appeal of Trieste had upheld the appeal of B.B. against the first-instance ruling that granted divorce alimony to A.A. and assigned the marital home to her. However, the Cassation noted that the decision of the Court of Appeal had not adequately considered the economic and asset conditions of the spouses, as required by Article 5 of Law No. 898/1970.

The Court of Cassation established that divorce alimony must be assessed based on the economic and asset conditions of both spouses and cannot be revoked without an adequate comparative analysis.

Issues Related to Divorce Alimony

A crucial aspect of the ruling concerns divorce alimony, which can only be recognized in the presence of situations of economic non-self-sufficiency or if there has been an unjustified transfer of assets between the spouses. The Court emphasized that A.A., although formally the owner of the house, enjoyed adequate income due to her profession as a teacher and her participation in her husband's business. Therefore, the conditions to justify divorce alimony were not met.

• The requesting spouse must demonstrate the impossibility of independently providing for their own needs.
• It is necessary to examine the contribution made by each spouse during the marriage.
• Economic differences must be analyzed in the context of family and professional choices.

Allocation of the Family Home

Another focal point of the ruling concerns the assignment of the marital home. The Court established that, even if the house is owned by A.A., this does not exclude the possibility of assigning it to the spouse with whom the children live, in order to ensure them a stable family environment. Furthermore, the Court reiterated that the allocation of the house also includes furniture and movable goods, essential for maintaining the comfort and continuity of the minors' domestic life.

Conclusions

The recent ordinance of the Cassation provides significant insights for understanding the legal dynamics related to divorce. It reiterates the importance of an accurate assessment of the economic conditions of both spouses and the impact of family choices on their asset balance. Lawyers and legal professionals must take these principles into account to best protect the interests of their clients.