EXCLUDING MAINTENANCE FOR THE YOUNG WIFE OF A PENSIONER (MAINTENANCE CHECK)

Is it possible for the young spouse to get a check?

La Court of Cassation with the ordinance n. 5593 / 2018 of 8 March 2018, confirming the judgment of merit, excluded support for the ex-wife of a young age when the marriage lasted a short time e the husband is in a precarious situation and lives only on a pension.

In the case in question, the Court of Appeal of Catania, in reform of the first degree sentence, eliminated the husband's obligation to pay the maintenance allowance to his separated wife (determined in € 300,00 per month) the short duration of the marriage and the inexistence of a gap in the income conditions of the spouses, taking into account that the retired man had an income of € 750,00 per month, was the owner of a small vacant space, had to sell a property for to cope with substantial debts and lived in a rented house, while his wife, much younger than her husband, ran a laundry and owned a villa.

The wife lodges an appeal in cassation denouncing the illogicality of the sentence for having eliminated the obligation of the allowance in her favor, the fact that the Court of Appeal would have carried out an erroneous assessment of the parties' income also on the basis of documents that she believes her husband has belatedly produced on appeal.

The Court of Cassation established the generic nature of the appeal where the wife complains of the late production of documents and, moreover, highlights how it is addressed "to obtain a review of the factual judgment - reserved for the trial judge - regarding the economic and income conditions of the spouses, for the purposes of deciding on the debts of the maintenance allowance, while the control of legitimacy is not equivalent to a review of the decision-making reasoning nor constitutes opportunity to access a third degree where to assert the deemed injustice of the contested decision". The Court also notes that it is also inadmissible when it generically denounces the illogicality of the judgment instando due to a different evaluation of the evidence, a defect that can no longer be proposed in the Supreme Court.

The wife definitively lost the check and was ordered to pay the costs.

Avv. Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.