The Right to Alimony According to the Supreme Court: Analysis of Judgment No. 31555/2024

The recent ruling by the Supreme Court 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 alimony rights and the related responsibilities among family members.

The Context of the Judgment

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

The right to alimony is linked not only to proof of the state of need but also to the impossibility of providing for one's sustenance through the performance of work activity.

Analysis of the Grounds for Appeal

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

• The state of need must be objective and not just subjective.
• It is essential to demonstrate the impossibility of performing work activity 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 determined that B.B. was unable to seek employment due to her serious health conditions, which included a rare disease and a consequent state of incapacity for work.

Conclusions

Judgment No. 31555/2024 of the Supreme Court represents an important confirmation of the necessity to consider both subjective and objective aspects in the recognition of the right to alimony. In this context, it is essential that the parties involved understand the importance of providing concrete and documented evidence of their economic situation and work capabilities. The Court's decision not only establishes a legal precedent but also offers clear guidance on the assessment of alimony rights in our legal system.