La lettura della cassazione, prima sezione, sulla natura ed i criteri fissati da S.U. 18287/2018 riguardo all’assegno di divorzio

Di Tommaso Auletta -

The sentence in question is part of the broad strand of decisions of legitimacy and merit which have implemented the ruling of the sentence of the United Sections no. 18287/2018 regarding divorce allowance with reference to its nature and the criteria aimed at determining its amount. In confirming the direction already accepted with regard to the burden of proof, the sentence underlines how the allowance fulfils a pre-eminently assistance function and, eventually, an equalizing-compensatory function, and underlines that the economic autonomy of the claimant must be assessed on the basis of his possibility to lead a decent life. Retracing the long and complex path that led to the current interpretation, in this comment the author highlights the difficulties faced by the judge in reconstructing the criteria laid down by the new jurisprudential case law and in establishing its impact in order to determine the amount of the allowance.