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Does the ex-spouse's new cohabitation justify the revocation of the divorce allowance?

The Court of Cassation with the provision of 16 November 2022 n. 36665, decided that the divorce allowance cannot be excluded on the sole basis of the ex-spouse's more uxorio cohabitation.
The Cassation in fact annulled the sentence of the court of appeal which had excluded the divorce allowance due to the formation of a de facto family by the appellant without any other assessment concerning the availability on the part of the latter of adequate means, in order to the compensatory value attributed to the divorce allowance.
Furthermore, according to the Court of Cassation, the second instance judges did not take into account the short period of cohabitation of the appellant with a third person which leads to the exclusion of the formation of a stable union more uxorio in the light of the principles affirmed by the joint sections with the sentence .
Lawyer Armando cecatiello Familiar Milan Lugano