Facing the end of a marriage is always a delicate step, but when it comes to a second divorce, the legal and economic situation becomes remarkably complex. Those who find themselves managing the dissolution of a second marital bond, already having obligations from a previous marriage, raise legitimate questions about economic sustainability and the priority of the rights involved. As a divorce lawyer, I deeply understand the state of concern that accompanies these phases: the fear of not being able to meet all demands or, conversely, the fear of seeing one's rights harmed due to the ex-spouse's previous ties.

The Regulatory Framework: Cumulation of Alimony and Judge's Evaluation

In our legal system, entering into a new marriage or starting a second cohabitation does not automatically cancel duties towards the first spouse, unless substantial changes occur in the parties' economic conditions. However, when the second marriage also comes to an end, the judge must strike a complex balance between the rights of the first ex-spouse and those of the second. The law does not establish a rigid chronological hierarchy that favors the first spouse over the second, or vice versa. The guiding principle remains that of post-marital solidarity, but calibrated to the current economic capacity of the obligated party.

When determining the divorce alimony for the second spouse, the court must necessarily take into account the obligated party's remaining resources, which are already reduced by the alimony paid to the first ex-spouse. The case law of the Court of Cassation has clarified that the formation of a new family and related subsequent burdens can constitute a justified reason for revising previous divorce conditions. It is crucial to understand that the judge will assess the overall financial capacity: it is not possible to impose payment obligations that exceed the subject's actual means, risking pushing them into destitution. Therefore, the existence of a previous divorce alimony is a crucial factor that moderates and influences the quantification of the second alimony.

Studio Legale Bianucci's Approach to Multiple Divorces

Managing cases involving multiple family units requires meticulous strategic analysis and a deep understanding of the jurisprudential dynamics of the Court of Milan. The approach of Avv. Marco Bianucci, an expert family law lawyer in Milan, focuses on a detailed analysis of the client's financial and income situation to build a solid defense. We do not just present figures; we develop a concrete projection of the sustainability of economic commitments.

When we assist a client who must face the demands of two ex-spouses, or conversely, a spouse who fears their alimony will be reduced due to a second divorce of the obligated party, we intervene to ensure that the distribution of resources respects the criteria of equity and proportionality. The goal of Studio Legale Bianucci is to prevent the accumulation of obligations from becoming unsustainable, promoting agreements that protect the dignity of all parties involved. As an expert in matrimonial law, Avv. Marco Bianucci carefully assesses whether the prerequisites exist to request a revision of divorce conditions related to the first marriage, should the second marital failure have significantly altered the pre-existing economic balance.

Frequently Asked Questions

Does the second spouse have the right to the same amount of alimony as the first spouse?

There is no rule that mandates equal amounts. Divorce alimony is calculated based on various specific parameters for each individual marriage, including the duration of the bond, the contribution made to family life, and the standard of living enjoyed. Therefore, the alimony for the second spouse will be determined independently, while taking into account that the obligated party's income is already burdened by payments to the first spouse.

Can I request a reduction in alimony to the first spouse if I also have to pay the second?

Yes, it is possible to file a request for revision of divorce conditions. The birth of new family obligations or the deterioration of the obligated party's economic capacity following a second divorce are circumstances that the judge can consider to redetermine, and potentially reduce, the alimony due to the first spouse, in order to ensure the obligated party's economic survival.

How are children from two different marriages protected?

Children always have priority protection over ex-spouses and enjoy absolute equality of rights, regardless of whether they were born from the first or second marriage. Child support is calculated in proportion to the parents' income and the children's needs; the judge will ensure that resources are allocated in a way that does not create unequal treatment between siblings born from different unions.

What happens if the obligated party does not have sufficient resources for both ex-spouses?

In cases of financial incapacity, where resources are insufficient to cover both divorce alimony payments, the judge will have to implement a proportional reduction or assess which of the two vulnerable parties has the greater need. The assistance of an experienced family law lawyer is crucial at this stage to demonstrate the actual earning capacity and protect the client from unfair rulings.

Request a Personalized Consultation

If you find yourself having to manage the economic consequences of a second divorce or if you need to revise agreements made with your previous spouse in light of new events, it is essential to act with the support of a competent professional. Avv. Marco Bianucci is available to analyze your specific case and outline the best strategy to protect your assets and your rights. Contact Studio Legale Bianucci to schedule an appointment at our Milan office located at Via Alberto da Giussano, 26.