Divorced wife denied family pension despite cohabitation; statutory right to alimony is mandatory prerequisite.

The Supreme Court dismissed the cassation appeal against a lower court ruling that denied a divorced wife a family pension. Although the parties maintained a physical and economic cohabitation until the husband's death, the court held that the statutory right to alimony established by a court judgment or settlement is a mandatory prerequisite for pension eligibility. The court reasoned that the pension serves as a substitute for legally recognized alimony obligations, which were absent in this case due to the husband's sole fault in the divorce.