Facing a separation inevitably brings economic concerns, especially when one spouse has dedicated their life to managing the household and family, foregoing a career. It is natural to wonder how one will be able to support themselves financially after the marital bond breaks. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands these anxieties and works daily to ensure that the contribution made to family life is adequately recognized legally.

The right to maintenance for the economically weaker spouse

In the context of a judicial or consensual separation, Italian law provides protective measures for the economically weaker spouse. If the wife has played the role of a homemaker during the marriage, jurisprudence generally recognizes the right to receive a maintenance allowance, provided that the separation is not attributed to her (i.e., she was not the cause of the marriage's end due to a violation of marital duties).

The guiding principle in separation, unlike divorce, is to aim for the preservation of the standard of living enjoyed during the marriage. The judge assesses the economic disparity between the spouses and the inability of the requesting spouse to adequately support themselves with their own means. However, it is crucial to note that jurisprudential trends have evolved: today, courts also carefully evaluate the actual earning capacity (or income-generating potential) of the woman, considering age, health, and professional training, to determine whether the homemaker role was a shared choice or a necessity.

The approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is characterized by a meticulous analysis of the family history. It does not limit itself to presenting a standardized request but reconstructs the actual contribution the wife made to the family's assets through domestic work and care, often enabling the husband to focus on his career.

The firm's strategy aims to highlight the professional sacrifices made for the good of the family. Through precise documentation of expenses and the lifestyle maintained by the couple (travel, housing, recreational activities), Avv. Bianucci works to quantify an allowance that is fair and reflects the economic reality prior to the marital crisis. The goal is to protect the client's dignity and future stability, preventing the separation from resulting in an unjustified state of indigence.

Frequently Asked Questions

If I am young and have a degree but am not working, am I entitled to maintenance?

The issue is complex and depends on the judge's assessment. If you possess a concrete earning capacity (young age, marketable degree, good health), the judge may limit the amount or duration of the allowance, considering that the spouse has the burden of taking steps to become self-sufficient. However, if unemployment is involuntary or if caring for children prevents full-time employment, the right to maintenance is more strongly protected.

How is the amount of the maintenance allowance calculated?

There is no fixed mathematical formula in the Civil Code. The judge decides equitably based on various parameters: the net incomes of both spouses, movable and immovable assets, availability of the marital home, ordinary expenses, and, as anticipated, the standard of living enjoyed during the marriage. The assistance of an expert family law attorney is crucial for correctly presenting these evidentiary elements.

What happens if the husband refuses to pay?

Failure to pay the maintenance allowance established by the judge constitutes a criminal offense and opens the door to various civil enforcement actions. It is possible to proceed with the seizure of the defaulting spouse's assets (salary, bank accounts, real estate) or to request a direct payment order to the husband's employer. The Bianucci Law Firm acts promptly in such cases to recover what is owed.

Request an assessment of your case

If you are facing a separation and are concerned about your economic future, it is essential to act with awareness of your rights. Avv. Marco Bianucci is available to examine your specific situation with confidentiality and professionalism at the Milan office located at Via Alberto da Giussano, 26. A preliminary consultation can make a difference in ensuring your future peace of mind.