Divorce allowance: the judge may base his decision on asset disparity

In the present case, at the time of divorce the Court orders the husband to pay his ex-wife a monthly divorce allowance of €1,300. The husband, however, contests the decision on appeal, but the Court rejects it, so much so that the obliged spouse is eventually forced to appeal to the Court of Cassation.

For the man, in fact, the pension already received by his wife and the divorce allowance recognised ended up providing his ex-wife with a monthly income of more than €2,000, an excessive sum considering that she enjoys the family property entirely.

In rejecting the appeal, the Court of Cassation declared the first and third pleas unfounded and the second inadmissible.

With regard to the first, in particular, the Court of Cassation points out that in fact the Court of Appeal, contrary to the appellant’s contention, took into account all the parameters mentioned in Article 5(6) of the Divorce Act, giving, with strong reasons, more prominence to some and not to others.

The second ground of appeal is inadmissible on the ground that, as stated in the rejection of the previous ground of appeal, it is an unquestionable decision because it relates to an assessment of the merits.

Lastly, the plea concerning the costs of the proceedings at first instance is also unfounded because “the ground of appeal relating to that order must be regarded as implicitly rejected and absorbed by the general ruling rejecting the appeal in its entirety and fully confirming the judgment at first instance.“