Defining Economic Agreements in Divorce

The end of a marriage is a time of profound uncertainty, not only emotionally but also economically. Concern for the future, the stability of children, and the division of assets built together are complex issues that require clarity and expert guidance. Understanding how to structure economic agreements is the first step to facing this transition with greater serenity and awareness. As a divorce lawyer in Milan, lawyer Marco Bianucci assists his clients to ensure that every financial aspect is managed with the utmost care, transparency, and foresight, transforming a moment of crisis into a solid foundation for the future.

Key Elements of Economic Negotiation

An effective divorce agreement does not simply establish the amount of alimony. It must be a comprehensive document that fairly and sustainably analyzes and regulates all components of the marital estate. Careful negotiation prevents future disputes and ensures that decisions made today remain valid and fair over time. The fundamental aspects to consider include various elements, each with its own legal and practical implications.

Assignment of the Marital Home

The management of the family home is often the most delicate issue, especially when children are involved. The law primarily protects the interests of minor or non-self-sufficient offspring, providing for the assignment of the property to the custodial parent. However, it is essential to clearly define ancillary matters: who will bear ordinary and extraordinary expenses, the remaining mortgage, and what will happen to the property when the children reach adulthood. A well-written agreement governs these aspects to avoid future misunderstandings.

Division of Liquidity, Investments, and Movable Assets

Community property is dissolved upon divorce, making a precise division of current accounts, securities accounts, insurance policies, and other financial instruments necessary. It is crucial to proceed with an accurate reconstruction of the joint estate, distinguishing it from each spouse's personal assets. This process requires detailed analysis to ensure a division that respects the rights of both parties, also considering valuable movable assets such as cars, works of art, or furnishings.

Survivor's Pension and Severance Pay (TFR)

Italian legislation provides specific rights for the economically weaker spouse. Under certain conditions, the ex-spouse is entitled to a share of the severance pay accrued by the other during the marriage. Similarly, they may be entitled to a survivor's pension in the event of the ex-partner's death. The assessment of these rights is complex and depends on various factors, including entitlement to a divorce alimony and the duration of the marital relationship. This is a crucial aspect not to overlook in the final agreement.

Divorce Alimony: Criteria and Alternatives

Divorce alimony serves an assistance, compensatory, and equitable purpose, aiming to rebalance the economic disparity created by the divorce. Its amount is not automatic but is determined by the judge or agreed upon by the parties based on rigorous criteria, such as the duration of the marriage, the economic conditions of the spouses, and the personal and financial contribution each made to family life. An alternative is a lump-sum payment, a single payment that definitively settles all economic relations between the ex-spouses.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on seeking concrete and sustainable solutions. The primary goal is not to fuel conflict but to guide the parties towards an equitable and informed agreement, preferably through tools like assisted negotiation. This method allows for reduced time, costs, and emotional impact of divorce, while maintaining control over decisions that will affect the future. At the firm located at Via Alberto da Giussano, 26, each case is strategically analyzed to identify the most suitable solution for protecting the client's assets and ensuring the financial stability of the client and their children.

Frequently Asked Questions

What happens to the owned home if there are minor children?

In the presence of minor or adult non-economically self-sufficient children, the judge tends to grant the right of habitation in the marital home to the parent with whom the children will stably reside. This right is independent of property ownership and its sole purpose is to protect the offspring's interest in maintaining their domestic environment.

How are joint bank accounts divided in a divorce?

Joint bank accounts, falling under legal community property, are presumed to be owned by both spouses in equal shares. At the time of divorce, the sums in the account are divided 50/50, unless one of the spouses can prove that the sums derive from exclusively personal income sources.

Am I entitled to a share of my ex-spouse's severance pay?

Yes, provided that you are entitled to a divorce alimony and that the employment relationship from which the severance pay originated was established and at least partially took place during the marriage. The share due is 40% of the total severance pay attributable to the years when the employment relationship coincided with the marriage.

Is monthly divorce alimony or a lump-sum payment better?

The choice depends on the specific situation. Monthly alimony provides ongoing support but can be modified in the future if the parties' economic conditions change. A lump-sum payment, on the other hand, definitively settles all economic relations, offering certainty and independence, but involves waiving any future economic claims, including survivor's pension and severance pay share.

Request an Assessment of Your Case

Defining financial agreements in a divorce requires expertise, strategy, and sensitivity. To protect your rights and build a secure economic future, it is essential to rely on a professional who can guide you in making the right choices. If you are facing a separation or divorce in Milan and desire clear and in-depth advice, contact the Bianucci Law Firm. Lawyer Marco Bianucci, with consolidated experience as a divorce lawyer, is available to analyze your situation and define the best strategy for protecting your assets.