Italian Supreme Court: ex-wife loses alimony due to luxurious spending.

In compliance with the 2018 Joint Sections ruling, the monthly divorce allowance of 100 euros granted to the ex-spouse has been revoked due to her unnecessary expenses, as shown in the account statements.

The ex-wife loses the divorce allowance of 100 euros awarded to her in the first instance and then revoked on appeal, as it appears from her current accounts that she has sufficient income to be financially independent and also affords luxurious expenses. These are the conclusions of the order issued by the Court of Cassation, No. 1482/2023 (attached below). Let’s try to understand the reasons behind these conclusions by summarizing the procedural history.

The Court grants the ex-wife a monthly divorce allowance of 100 euros. The decision is challenged and the Appellate Court revokes the husband’s obligation to pay the allowance to his wife.

The Court notes, with respect to the divorce allowance, that the woman is not entitled to it because her bank account movements show that she incurs luxurious expenses and has an uncontested ability to work.

The woman appeals to the Supreme Court, arguing that the judgment on her economic independence was incorrect. Furthermore, she claims that the Court overlooked other data related to the contribution made to the family, her husband’s income, mortgage payments, and the renovation of the family home.

In declaring the inadmissibility of the appeal, the Supreme Court recalls the principles established by the Joint Sections No. 18287/2018 and points out that the Appellate Court, in its findings of fact, asserted that the ex-wife could work after the end of the marriage and had sufficient income, also considering the luxurious expenses incurred and revealed by the bank account movements, to be financially independent and able to cover the costs of the rented property.

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