Reconciliation after divorce: consequences on the alimony
The Italian Supreme Court of Cassation recently examined an interesting case concerning the consequences of requesting a revision of divorce allowance after the reconciliation of former spouses. In this case, the Court was asked to decide a matter of reconciliation between two former spouses, but it took the opportunity to discuss the broader issue of divorce allowance revision.
The case in question involved an ex-husband who requested a revision of the divorce allowance he was paying to his former spouse after they had reconciled. However, the Court of Appeal did not find sufficient grounds for the request, prompting the husband to appeal to the Supreme Court. In his appeal, the husband alleged that the Court of Appeal had not taken into account the long-term and stable conviviality of the former spouses, which he believed should have automatically led to the termination of the contribution to maintenance.
The Supreme Court found the allegations to be valid and emphasized the need to assess any change in the economic conditions of the former spouses before deciding on the revision of the divorce allowance. The Court stated that if new factual elements have emerged, destabilizing the existing economic arrangement, the judge should apply the new principles without relying solely on a change in jurisprudence regarding the function of the divorce allowance.
The decision of the Supreme Court highlights the importance of taking into account the changing economic circumstances of former spouses when considering the revision of divorce allowances. It also emphasizes the need for judges to be aware of the long-term and stable conviviality of the former spouses when making decisions that will affect their economic well-being. Overall, the ruling provides clarity on the factors that should be considered when deciding on the revision of divorce allowances and serves as a useful reference point for future cases.
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