The Right to Alimony According to the Court of Cassation: Analysis of Judgment no. 31555/2024

The recent ordinance of the Court of Cassation no. 31555 of 2024, issued on October 10, has raised important questions regarding the requirements for the recognition of the right to alimony. In particular, the judgment clarifies that the right to alimony cannot be considered solely from the subjective perspective of the inability to provide for one's own sustenance, but must be anchored to an objective impossibility of doing so. This aspect is fundamental to understanding the legal dynamics surrounding maintenance rights and the related responsibilities between family members.

The Context of the Judgment

In the case at hand, A.A. opposed the judgment of the Court of Appeal of Turin which had recognized the right to alimony for his daughter B.B., establishing a monthly allowance of Euro 350.00. A.A. contested the decision, arguing that the Court had misinterpreted the current legislation, particularly Article 438 of the Civil Code, which establishes the requirements for requesting alimony.

The right to alimony is linked to the proof not only of the state of need but also of the impossibility of providing for one's own sustenance through the exercise of gainful employment.

Analysis of the Grounds for Appeal

The grounds presented by A.A. mainly concern an alleged violation of articles of the Civil Code and the Code of Civil Procedure. However, the Court of Cassation confirmed the position of the Court of Appeal, highlighting that, for the recognition of the right to alimony, proof of the inability to provide for one's own sustenance is necessary. The judges emphasized that:

• The state of need must be objective and not merely subjective.
• It is essential to demonstrate the impossibility of carrying out gainful employment due to physical or psychological conditions.
• The availability of economic resources does not automatically exclude the state of need.

In this specific case, the Court held that B.B. was unable to seek employment due to her serious health conditions, which included a rare disease and a consequent state of work incapacity.

Conclusions

Judgment no. 31555/2024 of the Court of Cassation represents an important confirmation of the need to consider both subjective and objective aspects in the recognition of the right to alimony. In this context, it is crucial for the parties involved to understand the importance of providing concrete and documented evidence of their economic situation and their work capabilities. The Court's decision not only establishes a legal precedent but also offers clear guidance on how maintenance rights are assessed within our legal system.