Divorce Alimony and Standing: Analysis of the Judgment of the Court of Cassation, Section I, Order No. 30179/2024

The recent judgment of the Court of Cassation, No. 30179 of 2024, provided important clarifications on the issue of divorce alimony concerning the mother's standing to request it for adult children. In particular, the Court analyzed the cessation of cohabitation and the economic independence of the children as determining factors in recognizing the right to maintenance.

The Context of the Judgment

The case at hand began with the rejection of the appeal by B.B. aimed at obtaining an exemption from the payment of the alimony of €5,000 in favor of his ex-wife A.A. for the maintenance of their daughters C.C. and D.D., who are now adults. The Court of Appeal of Naples, accepting B.B.'s appeal, deemed that the mother had lost her standing to request the alimony, as the daughters had stopped living with her, having embarked on study and work paths in Milan.

The Court excluded that the mother could continue to receive the alimony, considering that the prerequisite of cohabitation had ceased.

The Reasons of the Court of Cassation

The Court of Cassation partially accepted A.A.'s appeal, particularly regarding the second reason concerning the examination of the daughters' situation. The Supreme Court emphasized that the mother's standing to request maintenance alimony exists even in the absence of cohabitation, provided that the daughters are not yet economically self-sufficient and that there is actual support from the mother. Therefore, the absence of stable cohabitation does not automatically imply the cessation of the mother's standing to receive the alimony.

• The economic independence of the daughters must be evaluated in the context of their current situation.
• Maintenance can be requested even if the daughters reside elsewhere for study or work reasons.
• It is necessary to consider whether the mother continues to materially provide for the needs of the daughters.

Conclusions

The judgment No. 30179/2024 of the Court of Cassation represents an important piece in the jurisprudence concerning divorce alimony and the standing to request it. It clarifies that the cessation of cohabitation with the mother does not automatically imply the loss of the right to maintenance but requires a thorough analysis of the economic and relational circumstances of the parties involved. This principle could have a significant impact on future cases, highlighting the importance of considering the reality of the family situation and the needs of adult children.