Divorce Alimony and Standing to Sue: Commentary on Supreme Court Order No. 30179/2024

The recent order of the Supreme Court of Cassation No. 30179 of 2024 addresses a sensitive and highly relevant issue in family law: the standing of a mother to request alimony for her adult daughters. The ruling is part of an evolving legal landscape, where family dynamics and the economic needs of modern families require a constant review of current regulations.

The Case at Hand

The case originated from a dispute between A.A. and B.B. regarding the divorce alimony established in favor of their daughters, who were already adults. The Court of Appeal of Naples, upholding B.B.'s appeal, ruled that A.A. no longer had standing to request the alimony, given that the daughters no longer lived with her and, in B.B.'s opinion, had achieved a certain economic independence. This decision led A.A. to appeal to the Court of Cassation, challenging the Court of Appeal's assessment.

The mother's standing to receive alimony for her adult daughters cannot be excluded solely due to the lack of cohabitation.

Analysis of the Supreme Court of Cassation's Decision

The Court of Cassation partially granted the appeal, highlighting how the Court of Appeal had erroneously excluded A.A.'s standing without adequately considering the documentary evidence presented. In fact, it was emphasized that the daughters' residence in Milan, even if linked to study reasons, does not exclude their bond with their mother and her role in providing economic support.

• Recognition of cohabitation as a non-exclusive element for standing to request alimony.
• Assessment of the daughters' earning capacity as an element to determine the right to alimony.
• The need to consider the family context and current economic dynamics.

Conclusions

Order No. 30179/2024 represents an important reflection on the protection of the rights of parents and children in complex family contexts. The Court of Cassation, by reiterating the need for a thorough analysis of 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 food for thought on new family configurations and the rights of all parties involved.