The Right to Maintenance in Marital Separation

Facing the end of a marriage involves not only significant emotional burden but also the necessity to redefine the family's economic balance. One of the most delicate and debated issues concerns the maintenance allowance for the economically weaker spouse, historically often identified as the wife, although legislation is gender-neutral. As a divorce lawyer in Milan, Avv. Marco Bianucci deeply understands the concerns related to future financial stability and is committed to providing a clear framework of your rights. Italian law, particularly Article 156 of the Civil Code, stipulates that the judge may establish a maintenance allowance for the spouse not responsible for the separation, provided they do not have adequate income of their own.

The concept of income adequacy is at the heart of legal discussion. In the separation phase, unlike the divorce phase, the marital bond is only loosened, not dissolved; therefore, the prevailing criterion tends to be the maintenance of the standard of living enjoyed during the marriage, albeit with necessary adjustments due to the duplication of housing expenses. However, it is crucial to understand that there is no automatic entitlement. It is necessary to demonstrate an objective economic disparity between the parties and the inability of the applicant to maintain the same lifestyle through their own means.

Evaluation Criteria of the Milan Court

When operating within the Milanese jurisdiction, it is essential to be aware of the specific trends in local case law. The Court of Milan adopts very pragmatic and rigorous criteria in quantifying the allowance. It does not limit itself to a simple comparison of income statements, which may often not reflect actual spending capacity, but proceeds to a thorough analysis of overall assets, including real estate, financial investments, and company benefits. A crucial aspect evaluated by Milanese judges is the contribution made by the requesting spouse to the formation of family assets and the care of children, often at the expense of their own professional career. Furthermore, the remaining earning capacity and age of the applicant are carefully assessed: financial support has an assistance and compensatory function, aimed at rebalancing the economic positions compromised by shared choices during married life.

The Approach of Studio Legale Bianucci

Avv. Marco Bianucci, an expert lawyer in family law in Milan, approaches each separation case with a tailored strategy, far from standardized solutions. The firm's priority is to protect the client's interests through a meticulous reconstruction of the couple's asset and economic situation. Often, the key to obtaining a fair allowance lies in the ability to reveal the counterparty's real financial resources or, conversely, to demonstrate the absence of the prerequisites for the opposing request. Experience gained in the field allows Avv. Bianucci to anticipate the counterparty's objections and build solid arguments, based on documentary evidence and accurate investigations.

The philosophy of Studio Legale Bianucci favors negotiation whenever possible. Reaching a consensual agreement on the economic conditions of separation helps reduce time, costs, and especially the emotional stress of litigation. However, when dialogue does not lead to satisfactory or fair results, Avv. Marco Bianucci is ready to defend the client's rights in court with determination and technical expertise. The goal is never conflict for its own sake, but the achievement of economic stability that allows the client to look to the future with peace of mind.

Frequently Asked Questions

Does a working wife have a right to a maintenance allowance?

The fact that a wife works does not automatically exclude her right to an allowance. If her income, although existing, is not sufficient to guarantee a standard of living similar to that enjoyed during the marriage and there is a marked economic disparity with her husband, the judge may recognize a supplementary allowance. The evaluation depends on the extent of the income gap and the concrete possibilities for economic improvement.

How is the amount of the maintenance allowance calculated in Milan?

There is no fixed mathematical formula provided by law, although there are guideline tables used in some courts. In Milan, the calculation is the result of a comprehensive evaluation that considers multiple factors: the net income of both spouses, ownership of real estate, the allocation of the family home (which constitutes an economic value), ordinary expenses, and the duration of the marriage. The analysis is always personalized to the specific case.

If the wife is assigned blame for the separation, does she lose her maintenance?

Yes, being assigned blame for the separation (i.e., fault for the end of the marriage, as in cases of infidelity or abandonment of the marital home) results in the loss of the right to a maintenance allowance. In this scenario, the spouse at fault may be entitled, only if they are in a state of need, exclusively to alimony, which is a sum limited to what is strictly necessary for survival.

What happens if the obligated spouse does not pay the allowance?

Failure to pay the maintenance allowance established by the judge constitutes a serious breach of obligation. It is possible to take civil action for the forced recovery of sums (seizure) and, in more serious cases, the behavior can constitute a criminal offense. It is essential to contact your lawyer promptly to activate the legal protections provided by law.

Request an Evaluation of Your Case

The determination of the maintenance allowance is one of the most critical aspects of a separation and can affect your quality of life for years to come. Do not let uncertainty compromise your future. If you are facing a separation and desire clarity on your economic rights, you can confidently turn to Studio Legale Bianucci. Located at Via Alberto da Giussano 26 in Milan, the firm offers a confidential and professional environment to analyze your situation. Contact Avv. Marco Bianucci for an initial consultation and to define the most suitable strategy for protecting your interests.