Maintenance Allowance and Separation: Commentary on the Ruling of the Court of Cassation, Section I, Order No. 30119 of 2024
The recent ruling of the Court of Cassation No. 30119 of 2024 has sparked a new debate regarding the maintenance allowance in the event of separation between spouses. This case, involving A.A. and B.B., offers interesting insights into how judges assess the financial situations and earning capacities of spouses during separation.
Case Summary
Mr. A.A. requested legal separation from his spouse B.B., highlighting an income disparity between the parties. Despite his claims regarding his income, Mrs. B.B. contested the financial situation, requesting a monthly maintenance contribution. The Court of Bolzano initially established an allowance of €300.00, a figure confirmed by the Court of Appeal of Trento.
Reasons of the Court of Cassation
The appeal filed by A.A. was based on two main grounds of challenge:
- Failure to examine the facts and violation of the principle of rebus sic stantibus.
- Incorrect application of legal norms regarding the maintenance allowance.
Personal separation presupposes the permanence of the marital bond; therefore, the maintenance allowance must ensure the standard of living enjoyed during the marriage.
The Court rejected both grounds, emphasizing that the comparative assessment of the economic capacities of the parties had been conducted correctly. In particular, it reiterated that the duty of material support persists even in the case of separation, and that the allowance must reflect the needs of the economically weaker spouse.
Implications of the Ruling
This ruling of the Court of Cassation confirms the jurisprudential orientation according to which the maintenance allowance must guarantee the standard of living maintained during the marriage, unless there are valid reasons to justify a reduction in the amount. The Court also highlighted the importance of adequate proof of the economic situation by the requesting spouse, as established by Articles 156 and 2697 of the Civil Code.
Conclusions
Ruling No. 30119 of 2024 represents an important precedent in matters of separation and maintenance allowance. It reaffirms the necessity to consider the financial context and marital responsibilities in determining the allowance, thereby protecting the rights of the more vulnerable spouse. For legal professionals, this ruling offers insights for a thorough reflection on how to manage disputes regarding separation and maintenance, highlighting the importance of documentation and proof of earning capacities.
