The challenge: determining real income

Facing a separation is an emotionally complex journey, which becomes even more complicated when one of the spouses is self-employed, the owner of a sole proprietorship, or has a VAT number. The main difficulty lies in the correct determination of actual income, a crucial figure for calculating a fair maintenance allowance for the spouse and children. Unlike an employee with a clear payslip, the income of a self-employed person can be variable and difficult to interpret. As a divorce lawyer in Milan, lawyer Marco Bianucci has gained consolidated experience in managing these cases, where meticulous asset analysis becomes the cornerstone for protecting the rights of his clients.

The regulatory framework: beyond income tax returns

Italian law establishes that the maintenance allowance must guarantee the economically weaker spouse a standard of living similar to that enjoyed during the marriage. To determine the amount, the judge does not rely solely on the income tax return (Modello Unico), which for a self-employed person often represents only a starting point. Consolidated case law allows going beyond purely fiscal data, taking into consideration every element useful for reconstructing the real economic capacity of the professional or entrepreneur. Therefore, bank current accounts, investments, real estate and movable assets (such as luxury cars or boats), and, more generally, the lifestyle led by the family before the marital crisis are analyzed.

The approach of Studio Legale Bianucci

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a thorough and strategic asset analysis. We understand that the sustainability of a maintenance allowance is crucial for both the recipient and the payer. For this reason, our intervention aims to bring to light a truthful economic picture, through the examination of all accounting and financial documentation, such as balance sheets, bank statements, and VAT records. If necessary, we collaborate with technical consultants and accountants to correctly interpret the data and present the judge with a solid and unassailable asset reconstruction, thus ensuring that the final decision is based on concrete elements and not on mere tax declarations.

Frequently Asked Questions

How is the true income of a self-employed person proven?

Proving real income goes beyond tax documentation. Through in-depth legal analysis, personal and business bank statements can be used, the standard of living can be reconstructed (holidays, discretionary spending, frequenting expensive venues), and, in more complex cases, the judge can be asked to order investigations through the Tax Police. The goal is to provide concrete evidence of the spouse's real economic capacity.

What happens to a sole proprietorship if we are in a community of property regime?

Under a legal community of property regime, a sole proprietorship established after the marriage is considered the personal asset of the entrepreneur regarding management and company assets. However, profits and increases generated by the activity and not reinvested or consumed at the time of the dissolution of the community (separation) fall under the so-called 'comunione de residuo' (community of remaining assets) and must be divided 50% between the spouses.

Can the maintenance allowance for a self-employed person be modified in the future?

Yes, the amount of the maintenance allowance is not necessarily final. A modification order can be requested if there are significant and documented changes in the economic conditions of one of the ex-spouses. For example, a proven and long-lasting crisis in the business activity could justify a request for a reduction, just as a significant increase in turnover could justify a request for an increase.

Request an assessment of your case

Determining a maintenance allowance in the presence of self-employment income requires expertise, rigor, and a deep knowledge of legal and investigative tools. An incorrect assessment can compromise the economic balance of both parties for years. Therefore, the assistance of an expert lawyer in matrimonial law is an essential step to ensure a fair and sustainable agreement. Studio Legale Bianucci, located in Milan at Via Alberto da Giussano 26, is at your disposal to analyze the specific asset and financial situation of your family unit. Lawyer Marco Bianucci offers targeted consultations to define the most effective strategy to protect your interests. Contact the firm to schedule an appointment.