This is what the Court of Cassation, sixth civil section, has specified, in ordinance no. 406/2019 which declared inadmissible the appeal of one of the ex-wife's who had been denied alimony by the Court of Appeal.
This is because the woman had started to live with another man.
A private investigator had reported facts that demonstrated a stable and long-lasting cohabitation.
The Court of Cassation explains that the appeal judge conformed to the principle according to which the establishment by the divorced spouse of a new family, although in fact, severing any connection with the standard and model of life characterising the previous phase of marital cohabitation, it definitively eliminates every presupposition for the recognition of the divorce maintenance paid by the other spouse, so that the relative right remains definitively excluded (Cass. n. 6855/2015, n. 2466/2016).
The woman's objections regarding the incorrect evaluation of the preliminary investigation results were to no avail: in particular, she had declared that she was benefiting from an assistance contribution from the Municipality of residence which should have demonstrated the non-existence of stable cohabitation with her partner.
The appeal was declared inadmissible.
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