1. Introduction
Family maintenance is one of the most relevant institutions in Family Law, as it ensures the coverage of the basic needs of children, both minors and adults, within the framework of family solidarity. In the case of children over the age of majority, the issue becomes particularly complex, since Spanish law allows this obligation to continue beyond the age of majority, provided that certain circumstances justify the continuation of the maintenance.
Article 93.2 of the Spanish Civil Code (CC) provides that ‘if children over the age of majority living in the family home have no income of their own, the judge, in a reasoned decision, may order maintenance in their favor.’ Likewise, Article 152.3 CC states that the obligation to provide maintenance shall cease when ‘the maintenanceed party is able to exercise a trade, profession or industry, or has obtained a position or improved fortune, so that the maintenance pension is no longer necessary for their subsistence.’
Both provisions reflect a clear idea: the obligation of parents is neither indefinite nor automatic; its validity is conditioned on the child proving real needs and an objective inability to maintenance themselves.
2. Professional Training as a Limit to the Obligation
The main criterion that determines the persistence of the obligation to maintenance children over the age of majority is their academic or professional training. The legislator assumes that the parental duty does not end at the age of majority but extends while the person are in a reasonable process of training, enabling them to enter the labor market.
However, training is not an end in itself, but a means to achieve economic self-sufficiency. Article 152.3 CC links the termination of the obligation to the fact that the maintenanceed child ‘can exercise a trade or profession.’ This means that once a sufficient qualification has been obtained to perform a profession and there is real possibility to work, the obligation must cease, except in exceptional situations.
Case law has consistently stated that parents are not required to indefinitely finance successive or merely complementary studies. The limit lies in obtaining real professional training that allows access to the labor market.
3. Case Law: STSJ Aragón 677/2025
The recent Judgment of the High Court of Justice of Aragón 677/2025 illustrates how courts interpret the termination of Child Maintenance of children over the age of majority. In that case, the adult daughter had completed a Higher Vocational Degree in Dental Hygiene, which allowed her to access a permanent full-time employment contract. However, she voluntarily resigned from that job in order to later begin university studies in Dentistry.
The Court concluded that the daughter had obtained sufficient professional training to enter the labor market, had already accessed stable and adequately remunerated employment, and that her voluntary resignation from that job could not justify the continuation of the pension. Consequently, the Court upheld the first-instance decision and declared the termination of family maintenance.
4. Criteria for Termination
According to the Civil Code and case law, family maintenance for children over the age of majority ends when the following conditions are met:
- Sufficient training: completion of education that enables the exercise of a profession or trade.
- Real capacity for self-maintenance: training must result in the actual possibility of working and earning income.
- Access to the labor market or proven work experience: if the child has worked in suitable conditions, autonomy is presumed.
- Lack of diligence or voluntary resignation: when the child fails to take advantage of studies, rejects reasonable jobs, or leaves stable employment by personal choice.
5. Final Remarks
The interpretation of Article 152.3 CC shows that family solidarity is not unlimited. The duty of parents toward children over the age of majority must be balanced with the principle of personal responsibility and the goal of avoiding indefinite dependency.
In sum, children over the age of majority who possess professional qualifications and have entered the labor market cannot claim family maintenance, unless they prove exceptional circumstances that genuinely prevent them from maintenanceing themselves. The essential criterion remains the existence of real and objective needs.
Our team at KAPLAN Legal is ready to solve your questions regarding child maintenance and any other related matters, regarding family law.