Alimony: A Guide to Review

After a separation or divorce, financial arrangements are established based on the spouses' financial and income situation at that precise moment. However, life is subject to unpredictable changes. A job loss, the onset of an illness, or the birth of a new family unit can turn a once fair alimony payment into a genuine source of economic unsustainability. If you find yourself in this difficult situation, it is important to know that the Italian legal system provides for the possibility of requesting a review of the financial conditions. Facing this path requires clarity and the support of a professional. As a divorce lawyer in Milan, Avv. Marco Bianucci assists his clients in analyzing and undertaking the necessary legal actions to restore a sustainable economic balance.

The Regulatory Context: “Justified Supervening Reasons”

The modification of alimony or divorce payments is not an automatic process, but is based on a precise legal principle: the presence of “justified supervening reasons”. This means that new events must have occurred, subsequent to the separation or divorce decree, which significantly alter the economic balance between the ex-spouses. The law does not provide an exhaustive list, but case law has consolidated a series of circumstances that can legitimize a review request. Among the most common are involuntary job loss, a significant and non-transitory reduction in salary, starting a new business with initially lower income, the onset of serious health problems involving substantial expenses or reduced earning capacity, or the formation of a new family unit with the birth of children.

A Practical Case: The Strategy of the Bianucci Law Firm

To understand how a review request translates into practice, let's consider a concrete case (with anonymized data) handled at our firm in Milan. Our client, Mr. Rossi, was required to pay a substantial divorce payment to his ex-wife, established when he held a managerial position. Following a corporate restructuring, he lost his job and, after months of searching, found a new one with a salary almost halved. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, involved several strategic phases. First, a detailed analysis of the documentation was conducted, comparing past income statements with current ones and gathering all evidence related to the job loss and new employment. Subsequently, a path of out-of-court negotiation with the other party was attempted, in order to reach a new consensual agreement and avoid the delays of the court. Faced with the ex-spouse's refusal, a petition was filed for the modification of the divorce conditions, unequivocally demonstrating the non-voluntary worsening of Mr. Rossi's economic situation. The Court of Milan accepted our request, reducing the payment to a proportionate and sustainable amount based on our client's new income.

Frequently Asked Questions

How long does it take to reduce alimony payments?

The timing varies considerably depending on the chosen procedure. If a consensual agreement is reached with the ex-spouse (assisted negotiation procedure or joint petition), the process can be concluded in a few weeks. If, however, it is necessary to initiate court proceedings (judicial procedure), the times lengthen and can range from a few months to over a year, depending on the workload of the competent court.

Does job loss always justify a reduction in alimony?

Not automatically. Job loss must be involuntary and not due to one's own fault. The judge will assess whether the person has made efforts to find new employment and whether the unemployment condition is stable. A comprehensive evaluation of the obligated person's earning capacity and assets is always necessary to determine if the reduction is justified.

What happens if my ex-spouse starts working or cohabiting?

Both situations can constitute a justified reason for review. If the ex-spouse receiving alimony finds stable employment that makes them economically self-sufficient, a reduction or revocation of the alimony can be requested. Similarly, the establishment of a stable and continuous cohabitation (more uxorio) with a new partner can lead to the definitive revocation of the divorce payment, as it is presumed that the new relationship creates a common life project based also on mutual economic support.

Can I stop paying alimony while waiting for the judge's decision?

Absolutely not. Until a new court order modifies or revokes the obligation, you are required to pay the amount established in the original ruling. Unilateral interruption or reduction of payment can lead to serious consequences, such as seizure of assets and, in more serious cases, a criminal complaint for violation of family assistance obligations (art. 570-bis c.p.).

Request an Assessment of Your Case in Milan

If your financial conditions have changed and alimony payments have become an unsustainable burden, it is essential to act with a clear and documented legal strategy. Avv. Marco Bianucci, with extensive experience as a divorce lawyer in Milan, can analyze your situation to verify the existence of the prerequisites for a review. A thorough preliminary analysis is the first step to protect your rights and restore a fair economic balance. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 for a confidential assessment of your case.