Recently, there has been a change of address of legitimacy jurisprudence (and not only) with reference to the divorce allowance, i.e. the maintenance allowance ordered in favor of the spouse at the time of divorce.
The problem, in particular, has arisen and still arises when the divorced spouse who is the beneficiary of the divorce allowance establishes a more uxorio cohabitation with a new person: in this case, by now peacefully, the orientation of the Court of Cassation is in the sense of denying (or if allowed, to revoke) the divorce allowance.
“the establishment by the spouse of a new family, even if de facto, definitively eliminates any prerequisite for the recognition of the allowance paid by the other spouse, rescinding any connection with the life model characterizing the previous phase of cohabitation matrimonial; the related right remains definitively excluded, being the formation of a de facto family – constitutionally protected pursuant to art. 2 of the Constitution as a stable and lasting social formation in which the personality of the individual takes place as an expression of an existential, free and conscious choice” (Cass. n. 2466/2016, n. 6855/2015).
The reason is simple and consists in the fact that, in the opinion of the Supreme Court (but also of some lower judges), the establishment of a new family (even if only de facto), being the expression of a free and conscious existential choice, has the effect of definitively extinguishing any residual post-marital relationship with the ex-spouse.
The evidence collected by our private investigators is therefore useful for demonstrating the stability and continuity of the new relationship.