Changes in Divorce Conditions and Review of Alimony

It is common for a spouse obligated to pay alimony to question whether such payments can be revoked or reduced due to changes in income or the establishment of a new stable cohabitation by the recipient. The Supreme Court has repeatedly addressed the issue of revising divorce conditions. It emphasizes that during the review of alimony, the judge cannot conduct a new independent assessment of the grounds or amount of the alimony, which were previously evaluated at the time of divorce. Instead, the judge must ascertain if and to what extent the new circumstances proven by the parties have altered the established balance and adjust the obligation accordingly, respecting prior evaluations (Cass. 10133/0227; Cass. 787/2017; Cass. 11177/2019).

The Case

The case involves an appeal against the ruling of the Genoa Court of Appeal, where the ex-husband requested the revocation of alimony due to his ex-wife entering a new stable relationship and claiming that the conditions for alimony no longer existed. The Court of Appeal found the ex-wife’s stable cohabitation unproven and did not consider new financial evidence submitted by the ex-husband, mistakenly deeming them new claims (Cass. 39224/2012). Consequently, it reinstated the alimony at €900, previously reduced to €300.

The Dispute

The Supreme Court disagreed with the Court of Appeal’s reasoning, which dismissed the existence of a new cohabitation without sufficient justification. The Court noted that while the first instance judgment acknowledged the romantic relationship, the mere fact of residing in different cities did not exclude the possibility of a stable and effective cohabitation. The judge must assess whether this distance reflects a different, yet stable, living arrangement characterized by mutual support.

The Court reiterated that in divorce cases where revocation of alimony is requested due to new cohabitation, judges should consider various indicators, including cohabitation, and evaluate all relevant evidence collectively, not in isolation, to determine if a stable, lasting emotional bond exists (Cass. Civil, Sec. I, 04/19/2023, No. 10451).

Thus, the Supreme Court accepted the appeal, annulled the contested ruling, and referred the case back to the Genoa Court of Appeal for a new assessment of the facts in light of these criteria.

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