For a long time, divorce alimony was often seen as a natural consequence of economic imbalance between former spouses. If one earned significantly less, financial support would usually follow.
A recent ruling by the Court of Cassation (no. 1999 of January 31, 2026) changes this perspective in a decisive way.
Today, it is no longer sufficient to prove that one spouse is economically weaker. What must be demonstrated is something more specific: that this disadvantage is the result of sacrifices made during the marriage, in the interest of the family.
Without this proof, not only is alimony denied, but any sums already received may have to be returned.
The new requirement: proving sacrifice for the family
Divorce alimony serves not only an assistive function, but also a compensatory one. This means the judge must evaluate whether one spouse has renounced professional opportunities to support family life.
The law (no. 898/1970) requires a clear connection between the current economic condition and decisions taken during the marriage.
For example, a spouse who leaves a full-time job to raise children, or who relocates to support the partner’s career, makes a measurable economic sacrifice. In such cases, alimony may be justified as compensation.
However, if the lower income is due to personal choices, or existed independently of the marriage, the right to alimony does not arise.
This was the outcome in the case examined by the Court. A woman requested alimony based on her part-time work, but failed to prove that this situation resulted from a shared family decision. As a result, her claim was rejected.
Economic disparity alone is no longer enough
The Court made it clear that a difference in income, on its own, does not justify financial support.
If a spouse earns less but still has sufficient means to live independently, for example through income or property ownership, this may exclude the right to alimony.
The key issue is causation. The judge must verify whether the disparity is a direct consequence of the marriage.
If both spouses maintained their careers without interruption, and no one sacrificed professional opportunities for the family, then the difference in earnings remains a private matter. Divorce does not serve to rebalance that gap.
When alimony must be repaid
One of the most significant aspects of this ruling concerns the recoverability of alimony.
If it is later established, even during appeal proceedings, that the conditions for receiving the allowance never existed, the former spouse must return the sums received.
Repayment applies from the moment the divorce judgment becomes final.
This reflects the civil law principle of restitution of undue payments. In the past, these amounts were often considered “consumed” and therefore not recoverable. Today, the approach is stricter: anyone who has received money without a valid legal basis must reimburse it, unless exceptional circumstances can be proven.
Separation and divorce: two different systems
It is essential to distinguish between financial support during separation and after divorce, as the criteria are fundamentally different.
During separation, the purpose of maintenance is to preserve the standard of living enjoyed during the marriage. The marital bond still exists, and economic continuity is prioritised.
After divorce, however, the logic changes completely. The bond is dissolved, and the judge must assess several factors, including:
- the contribution of each spouse to family life and shared assets
- the duration of the marriage
- the reasons behind the breakdown
- the actual and future earning capacity of each party
In this context, alimony is no longer about maintaining past living standards, but about compensating for sacrifices and ensuring a fair balance based on the history of the relationship.
A stricter and more selective approach
This ruling confirms a broader trend in Italian jurisprudence.
Divorce alimony is no longer automatic. It is a measure that must be justified through concrete evidence, particularly proof that one spouse’s economic disadvantage is rooted in decisions made for the benefit of the family.
At the same time, the possibility of having to repay sums already received introduces a new level of responsibility for those requesting financial support.
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