The Challenges of International Divorce and the Right to Maintenance

The end of a marriage is always a delicate moment, but when the union is between people of different nationalities, legal complexities can increase exponentially. One of the most frequent concerns we encounter in our practice concerns the management of spousal support when the spouse obligated to pay, or the beneficiary spouse, decides to return to their country of origin, perhaps outside the European Union. As a divorce lawyer in Milan, Avv. Marco Bianucci deeply understands the anxiety that arises from economic uncertainty and the fear that geographical distance may nullify acquired rights.

The main fear is that moving abroad may be used as a tool to evade economic duties towards the ex-spouse or children. It is essential to know that national borders do not erase legal obligations, but require a specific and timely legal strategy to ensure that judgments issued in Italy are recognized and effectively enforced in another State as well.

Regulatory Framework: Jurisdiction and Debt Recovery Abroad

When dealing with a divorce with international elements, the first issue to resolve is that of applicable law and competent judge. Private international law, along with European regulations (such as Regulation Brussels II ter) and international conventions (such as the Hague Convention), provides the tools to determine which court should decide on spousal support. However, the situation becomes complicated when the destination country is outside the EU and has no bilateral agreements with Italy.

In general, if the divorce decree was issued in Italy, it establishes a certain right. The practical problem arises in the enforcement phase: how to compel a person residing abroad to pay? There are specific procedures for the recognition of foreign judgments (exequatur) that allow action to be taken against the debtor's assets even if they are located in another country. It is essential to act with foresight, providing for guarantee clauses or using international cooperation tools for the recovery of maintenance claims.

The Approach of the Bianucci Law Firm in Cross-Border Divorces

The approach of Avv. Marco Bianucci, an expert family law lawyer in Milan, is distinguished by rigorous preventive analysis. In cases of mixed marriages or international couples, we do not limit ourselves to managing the separation phase but anticipate problems related to potential future relocation. The firm's strategy is based on building solid agreements that take into account the international mobility of the parties.

When relocation has already occurred or is imminent, Avv. Marco Bianucci intervenes by immediately activating the appropriate procedures for credit protection. We collaborate, where necessary, with a network of foreign correspondents to ensure that the homologation decree or the Italian judgment is received by the local authorities. Our goal is to transform the abstract right to support into concrete protection, also evaluating the possibility of requesting real or personal guarantees before the spouse leaves Italian territory.

Frequently Asked Questions

If my ex-husband returns to his non-EU country, does he still have to pay me alimony?

Yes, the obligation to pay spousal support established by the Italian judge does not cease with the debtor's relocation abroad. However, the forced enforcement of payment in a non-EU country can be complex and requires the activation of international procedures for the recognition of the Italian judgment in the host country.

Which judge decides on alimony if the spouse has already moved abroad before the divorce?

Jurisdictional competence depends on various factors, including the habitual residence of the spouses and their nationality. Often, if the last common residence was in Italy and one of the spouses still resides there, the Italian judge retains jurisdiction. It is crucial to consult an experienced divorce lawyer to determine the correct forum and avoid conflicts of jurisdiction.

How can I protect myself if I fear my ex-spouse will stop paying once they leave?

It is possible to request precautionary measures or real guarantees (such as a mortgage on a property in Italy) or personal guarantees (surety bonds) from the judge to ensure future compliance. Furthermore, in the divorce agreement, mechanisms for advance payment or lump-sum payments (one-time) can be provided to eliminate the risk of future insolvency.

Does the amount of alimony change if the cost of living in the foreign country is different?

Relocation abroad can constitute a justified reason to request a review of the divorce conditions. If the cost of living in the new country is significantly higher or lower, or if the obligated spouse's income changes radically, both parties can request a modification of the spousal support amount.

Request a Legal Consultation in Milan

Issues related to mixed marriages and international relocations require specific expertise and constant updating on international regulations. If you are facing a complex separation or are concerned about the protection of your economic rights following your spouse's relocation, do not leave anything to chance.

Contact Avv. Marco Bianucci for an in-depth evaluation of your situation. The firm receives clients in Milan, at Via Alberto da Giussano 26, and is ready to define the most effective strategy to protect your future and that of your children.