Divorce Alimony and Standing: Commentary on Cass. civ., Section I, Order no. 30179 of 2024

The recent order of the Court of Cassation, no. 30179 of 2024, addresses a crucial issue concerning divorce alimony and the mother's standing to request such a contribution for the maintenance of her adult daughters. The Court examined the case of A.A. versus B.B., highlighting the importance of cohabitation and the young women's economic condition.

Context of the Ruling

The dispute originated from a decree by the Court of Appeal of Naples, which had granted B.B.'s request to cease paying the alimony of 5,000 euros, arguing that the daughters were now adults and no longer lived with their mother. The Court of Cassation had to assess whether the lack of cohabitation was sufficient to exclude the mother's standing to receive the contribution.

The Court clarified that the mother's standing to request maintenance alimony does not depend solely on cohabitation, but also on her ability to provide for her daughters' needs.

Legal Principles Involved

The ruling reiterated some fundamental principles of family law, particularly:

• The maintenance of adult children is a duty that persists until they achieve economic self-sufficiency.
• Cohabitation is not the sole determining factor for standing to receive alimony; the parent's role in providing for the child's necessities must also be considered.
• Changes to economic conditions must be justified by factual supervening events and respect the adversarial principle.

The Court therefore affirmed that the daughters' residence in Milan, although not temporary, did not exclude the mother's standing, provided that the latter continued to be the economic point of reference for the young women.

Conclusions

The decision of the Court of Cassation offers valuable guidance for separation and divorce cases, emphasizing how the assessment of standing to receive maintenance alimony must consider not only cohabitation but also the economic and relational context. It will be interesting to observe how this ruling influences future decisions in family matters.