Divorce Alimony and Standing to Request: Commentary on the Supreme Court Ruling, Ordinance No. 30179/2024
The recent ordinance of the Supreme Court of Cassation No. 30179 of 2024 addresses a delicate and highly relevant issue in family law: the standing of the mother to request alimony for adult daughters. The ruling fits into an evolving legal context, where family dynamics and the economic needs of modern families require a constant review of existing regulations.
The Case Under Examination
The case originates from a dispute between A.A. and B.B. regarding the divorce alimony established in favor of the daughters, who are already adults. The Court of Appeal of Naples, accepting B.B.’s appeal, held that A.A. no longer had standing to request the alimony, given that the daughters no longer lived with her and that, in her view, they had attained a certain economic independence. This decision led A.A. to appeal to the Supreme Court, contesting the assessment made by the Court of Appeal.
The standing of the mother to receive alimony for adult daughters cannot be excluded simply due to the lack of cohabitation.
Analysis of the Supreme Court Decision
The Supreme Court partially upheld the appeal, highlighting how the Court of Appeal had erroneously excluded A.A.’s standing without adequately considering the documentary evidence presented. Indeed, it was emphasized that the daughters' residence in Milan, although related to study reasons, does not exclude the bond with the mother and her role as an economic supporter.
- Recognition of cohabitation as a non-exclusive element for standing to request alimony.
- Evaluation of the daughters' working capacity as a factor in determining the right to alimony.
- Need to consider the family context and current economic dynamics.
Conclusions
The ruling No. 30179/2024 represents an important reflection on the protection of the rights of parents and children in complex family contexts. The Supreme Court, reiterating the necessity of a thorough analysis of the specific circumstances, invites consideration not only of the physical presence of the children in the maternal home but also of their emotional bond and the economic support provided by the mother. This ruling, therefore, not only clarifies legal aspects but also offers insights into new family configurations and the rights of all parties involved.
