Legal Management After the Death of a Spouse

Facing the death of a spouse is a time of profound grief, which becomes even more complicated legally when it occurs during a separation procedure. In this delicate phase, uncertainty regarding inheritance rights, the fate of the marital home, and the survivor's pension can add anxiety and worry. Clearly understanding what the law provides is the first step to protecting your rights and making informed decisions. As a divorce lawyer in Milan, Avv. Marco Bianucci assists his clients in navigating these complex dynamics, ensuring competent and compassionate legal support.

Inheritance Rights of a Separated Spouse: What the Law States

The Italian Civil Code establishes a fundamental distinction based on whether or not there was an 'addebito' (fault) in the separation judgment. Addebito is the court's finding that the end of the marriage was caused by the behavior of one of the spouses, in violation of marital duties. This circumstance has a decisive impact on inheritance rights. Let's look at the two main scenarios.

Separation without Addebito

In the case of consensual or judicial separation without addebito, the surviving spouse retains their inheritance rights in full. For inheritance purposes, they are considered equivalent to an unmarried spouse. This means they are entitled to their share of the 'legittima', which is the portion of the estate that the law reserves for the closest relatives and which cannot be affected even by a will. Their share varies based on the presence of other heirs, such as children or ascendants of the deceased.

Separation with Addebito

The situation changes radically if the surviving spouse was found responsible for the separation in a final judgment. In this case, they lose all inheritance rights. They will therefore not be able to inherit anything from the deceased spouse's estate. However, the law provides for protection: if, at the time of death, the spouse found responsible was receiving a maintenance allowance, they are entitled to a lifelong allowance from the estate, but only if they are in a state of need. The amount of this allowance cannot, in any case, exceed that of the maintenance payment the spouse enjoyed during their lifetime.

The Bianucci Law Firm's Approach

Managing an inheritance intertwined with a separation requires not only a deep knowledge of the law but also considerable sensitivity. The approach of Avv. Marco Bianucci, a lawyer with extensive experience in family law in Milan, is based on a precise analysis of the specific situation. The firm verifies the nature of the separation, the existence of fault judgments, and the composition of the estate to provide clear and strategic advice. The goal is to protect the client's rights, whether they are the surviving spouse or another heir, ensuring that every aspect, from the division of assets to the management of the family home, is handled with the utmost competence and transparency.

Frequently Asked Questions

Does a separated spouse without fault always inherit?

Yes, a spouse who was not found responsible for the separation retains the same inheritance rights as an unmarried spouse. They are entitled to their share of the legal inheritance and, if mentioned, can receive assets through a will. Separation, in this case, does not extinguish inheritance rights.

What happens to the marital home if the owner spouse dies?

If the house was the sole property of the deceased spouse, it becomes part of the estate and is divided among the heirs, including the surviving spouse (if without fault). If the surviving spouse was assigned the house to live in with the children, this right of residence may be subject to evaluation, but ownership is transferred according to inheritance rules.

Am I entitled to the survivor's pension if I was separated?

Yes, a separated spouse is entitled to the survivor's pension, provided that the separation was not attributed to them. If the separation is with fault, the right to the survivor's pension arises only if the surviving spouse was entitled to a maintenance allowance established by the court.

What exactly does 'separation with addebito' mean?

'Separation with addebito' occurs when a judge, during the separation proceedings, declares that one of the spouses is responsible for the end of the marriage due to the violation of duties such as fidelity, moral and material assistance, or cohabitation. This declaration has significant consequences, primarily the loss of inheritance rights and the right to maintenance.

Request a Case Evaluation

The complexity of inheritance laws applicable in cases of separation requires clear, competent, and timely legal assistance. Addressing these issues with the right support can make a difference in protecting your future and honoring the deceased's wishes. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, offers targeted advice to analyze your specific situation and define the most appropriate strategy to protect your rights. Contact the firm for an in-depth evaluation of your case.