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check-di-maintaining

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, he excluded the retention for the ex-wife of a young age when the marriage did not last long the husband is in a precarious situation and lives alone in retirement.

In the case under examination, the Court of Appeal of Catania, in reform of the sentence of first instance, has eliminated the obligation of the husband to pay the separate wife, the maintenance allowance (determined in euro 300,00 monthly), in consideration of the short duration of the marriage and the absence of a gap in the income conditions of the spouses, taking into account that the retired man had a monthly income of 750,00 euro, was the owner of a small vacant room, had to sell a property to meet debts consistent 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 for cassation denouncing the illogicality of the sentence for having eliminated the obligation of the allowance in his favor, the circumstance that the Court of Appeal would have made an incorrect assessment of the incomes of the parties also on the basis of documents that she believes that the husband has belatedly produced on appeal.

The Court of Cassation has established the generality of the appeal where the wife complains about the late production of documents and, moreover, highlights how it is aimed "to obtain a review of the de facto judgment - reserved to the court of merit - concerning the economic and income conditions of the spouses, for the purpose of deciding on the maintenance allowance, while the legitimacy check is not equivalent to the revision of the decision reasoning nor constitutes opportunity to gain access to a third degree to assert the alleged injustice of the contested decision". The Court also notes that it is also inadmissible if it generically denounces the illogical nature of the sentence by instituting a different assessment of the evidence, a defect which is no longer available 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.