Divorce Alimony and Maintenance: The Ruling of the Court of Cassation No. 8892 of 2024
The ruling No. 8892 of the Court of Cassation, issued on April 4, 2024, provides important clarifications regarding divorce alimony and maintenance for adult children. This case, involving A.A. and B.B., touches on crucial themes such as the economic self-sufficiency of children and the working capacity of the ex-spouse. Let’s analyze the key points of this decision and its impact on jurisprudence.
The Context of the Ruling
In 2020, the Court of Lagonegro had established that A.A. was to pay maintenance to the adult children and divorce alimony to the ex-wife. However, the Court of Appeal of Potenza, on appeal, partially reformed the decision, revoking the alimony for son D.D. and confirming it for daughter C.C. The Court found that D.D. had achieved a certain degree of economic self-sufficiency through a work contract, while C.C. was in a precarious situation, having not found stable employment.
The Reasons of the Court of Cassation
The Court of Cassation accepted the first ground of appeal by A.A., noting that the obligation of maintenance did not automatically cease upon reaching adulthood, but lasted until the parent demonstrated that the child had become economically independent. In particular, the Court emphasized:
- The importance of assessing the actual state of economic self-sufficiency of the child.
- That employment, even if temporary, can demonstrate the ability to earn an income.
- That the receipt of public subsidies does not in itself exclude the necessity of maintenance.
The right to maintenance for adult children persists until proven otherwise regarding economic self-sufficiency.
Conclusion
In conclusion, the ruling No. 8892 of the Court of Cassation reaffirms fundamental principles concerning divorce alimony and the maintenance of children. It clarifies that the assessment of economic self-sufficiency must be conducted carefully, considering the employment situation and the future prospects of the children. The Court of Appeal of Potenza will now need to re-examine the case in light of these indications, reformulating its decisions in accordance with the principles expressed by the Court of Cassation.
