The Complexity of Separation in a Family Business

Navigating a personal separation is an emotionally complex journey. When involvement in a family business is added to this, matters become even more complicated, intertwining emotional ties and financial interests. If you have worked for years, with or without formal remuneration, in your spouse's business, it is natural to wonder about your rights and how to protect the value of your contribution. In these circumstances, understanding the legal framework is the first step in protecting your position. The intervention of a family lawyer becomes essential to navigate these delicate waters, ensuring that your work input and sacrifice are properly recognized and compensated.

Family Business According to Italian Law

In Italy, the family business is regulated by Article 230-bis of the Civil Code. This provision was introduced to protect family members who continuously provide their labor within a business or family context, where a different relationship, such as subordinate employment or partnership, cannot be established. The collaborating spouse acquires, by law, a series of fundamental financial rights. These include the right to maintenance according to the family's financial status, the right to share in the profits of the business and in assets acquired with them, as well as in the increase in the company's value, in proportion to the quantity and quality of the work performed.

Spouse's Rights in Case of Separation

Personal separation between spouses leads to the cessation of collaboration and, consequently, gives rise to the most important right for the spouse who worked in the business: the right to compensation. This means they are entitled to receive a sum of money corresponding to their share, calculated on undistributed profits and the increase in value the company has accrued during the period of their collaboration. The main difficulty lies in quantifying this share. Often, the spouse's contribution is not documented by payslips or contracts, making it difficult to prove and economically evaluate the work performed. This requires a thorough analysis of financial statements, accounting records, and sometimes technical appraisals to estimate the current value of the company and its growth over time.

The Strategic Approach of Studio Legale Bianucci

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on meticulous analysis and a personalized strategy. We understand that every family and business story is unique. Our first step is a detailed reconstruction of your role and contribution within the business, gathering all useful evidentiary elements, such as testimonies, documents, and correspondence. Subsequently, we collaborate with technical consultants and accountants for the correct economic quantification of your liquidation share. Our priority is to reach an agreed-upon solution that avoids the delays and costs of litigation, but we are prepared to defend your rights in court with determination if a fair agreement cannot be reached.

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