Criteria for Determining Maintenance Alimony

The phase of marital separation brings with it numerous uncertainties, among which the definition of economic aspects often represents the source of greatest concern. As a divorce lawyer operating in Milan, I understand how crucial it is for my clients to understand in advance what the real economic prospects are post-separation. Italian law provides that, in the absence of fault for the separation, the economically weaker spouse is entitled to receive maintenance alimony if they do not have adequate income of their own to maintain a standard of living similar to that enjoyed during the marriage. However, the concept of standard of living is not the only parameter, and its practical application is subject to jurisprudential interpretation.

The Court of Milan, known for its cutting-edge jurisprudence and often a precursor to national trends, adopts rigorous criteria for quantifying alimony. There is no fixed mathematical formula, but a complex evaluation that takes into account multiple factors. Milanese judges first analyze the income and asset disparity between the parties, examining not only tax returns but also financial resources, real estate, and company benefits. Another fundamental element is the earning capacity of the requesting spouse: the Court concretely assesses whether the spouse requesting maintenance has the age, health, and professional training to find employment and become self-sufficient. The duration of the marriage also plays a key role, as a long-term union generally generates a greater expectation of protection compared to a short marriage.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by an extremely detailed preliminary analysis of the spouses' financial situation. In fact, a simple reading of the tax return is often insufficient to represent a party's true economic capacity. In our office at via Alberto da Giussano 26, we work to reconstruct the family's true standard of living, collecting documentary evidence of expenses incurred during cohabitation, from travel to children's education, to household management. This investigative phase is crucial for presenting the judge with a picture that is faithful to reality.

As a divorce lawyer with consolidated experience in the Milan Courtrooms, Avv. Marco Bianucci adopts a strategy aimed at avoiding unrealistic requests or, conversely, incongruous offers that could prejudice the client's future. The goal is to reach, where possible, a consensual agreement that reflects the equity criteria applied by the judges, thus reducing the time and emotional costs of litigation. When an agreement is not feasible, the defense in court is built on solid and documented arguments, aimed at demonstrating the actual existence or non-existence of the prerequisites for the recognition of alimony, valuing elements such as the contribution made to family life and the professional sacrifices made for the good of the family.

Frequently Asked Questions

Is there an official calculator for maintenance alimony in Milan?

No, there is no official calculator or legally binding table. Although there are software programs used by legal professionals to obtain indicative estimates based on the tables of the Court of Milan (often used for child support), the determination of alimony for a spouse remains a discretionary decision of the judge. This decision is based on a personalized evaluation of all the circumstances of the specific case, making the assistance of an expert lawyer indispensable for an accurate prediction.

If the wife works, is she entitled to maintenance?

The fact that the requesting spouse works does not automatically exclude the right to maintenance, but it influences the amount. If the income received is not sufficient to guarantee the maintenance of the standard of living enjoyed during the marriage, and there is a significant economic disparity with the other spouse, the judge may establish an equalization alimony. However, the Court of Milan carefully assesses whether the applicant's income is nevertheless sufficient to ensure a dignified and autonomous life.

How does the duration of the marriage affect the amount of alimony?

The duration of the marriage is an increasingly relevant factor, especially in light of recent rulings by the Court of Cassation and the trends of the Court of Milan. In general, a short marriage reduces the expectation of high or prolonged maintenance alimony, as it is presumed that a community of life has not been consolidated to justify a lifelong annuity. Conversely, in long marriages, where one spouse has often sacrificed their career for the family, protection is greater.

What happens if the spouse receiving alimony starts living with another person?

The stability of a new de facto relationship (convivenza more uxorio) can lead to the revocation or revision of maintenance alimony. According to prevailing case law, if the beneficiary spouse establishes a new, stable, and lasting de facto family, the duty of solidarity of the ex-spouse ceases, as it is presumed that the new life needs are met within the new couple. However, the stability of the cohabitation must be proven, not just occasional dating.

Request an Evaluation of Your Case

Facing a separation requires clarity and technical expertise, especially when future economic balances are at stake. If you need clarity on your rights or obligations regarding maintenance alimony, contact Avv. Marco Bianucci. As a divorce lawyer in Milan, the firm is at your disposal to analyze your specific situation and define the best defense strategy in compliance with the criteria of the local Court.