Living Separately: A Risky Choice

The decision to end cohabitation is often a delicate and complex step in a couple's life. Many choose to live in de facto separation, postponing legal formalization with the belief that it is a simpler or temporary solution. However, this choice creates a legal void that exposes both spouses to significant financial and personal risks, especially when children are involved. Understanding the implications of an unregulated separation is the fundamental first step to protecting your future and that of your family. As a divorce lawyer in Milan, lawyer Marco Bianucci deals daily with the complex consequences arising from these situations, guiding people towards a solution that offers stability and real protection.

What is De Facto Separation and Why It Has No Legal Value

De facto separation consists of the simple interruption of cohabitation and marital life, decided by mutual agreement or by the will of only one of the spouses, without any intervention from a judge or an agreement formalized through assisted negotiation. Although it may seem like a practical solution, from a legal point of view, the marriage remains fully valid and productive of all its effects. This means that fundamental duties such as the obligation of fidelity, moral and material assistance, and collaboration in the interest of the family do not cease. The difference with legal separation, whether consensual or judicial, is substantial: only the latter officially modifies the status of the spouses, authorizing them to live separately and regulating their relationships.

The consequences of this lack of formalization are profound. On a financial level, spouses in a community of property regime continue to acquire assets jointly and, above all, inheritance rights remain unchanged: in the event of the death of one of them, the other is still their legal heir. On a family level, verbal agreements on child custody or contributions to their maintenance have no legal value. If one parent does not respect what has been agreed, the other does not have a tool to assert their rights and those of the minors, other than by initiating legal proceedings from scratch. Living in de facto separation essentially means entrusting one's protection to the other's goodwill alone, a often fragile basis in times of crisis.

The Approach of Studio Legale Bianucci

The goal of Studio Legale Bianucci is to transform a situation of uncertainty and risk into a framework of clear and legally binding rights and duties. We understand that every family story is unique and requires careful and personalized analysis. The approach of lawyer Marco Bianucci, a divorce lawyer with consolidated experience in Milan, focuses first and foremost on listening to understand the couple's dynamics and the client's objectives. The preferred strategy is always to explore the path of consensual separation, a faster and less conflictual route that allows spouses to jointly define the conditions relating to child custody, the assignment of the marital home, and maintenance. When dialogue is not possible, the firm prepares a solid strategy for judicial separation, acting with determination to protect the interests of the client and minor children from the outset.

Frequently Asked Questions

During de facto separation, am I entitled to a maintenance allowance?

No, a legally enforceable right to a maintenance allowance only arises with a court order or an approved separation agreement. During de facto separation, a general duty of material assistance between spouses persists, but it is not possible to force the other to pay a specific sum without initiating legal separation proceedings.

If my spouse leaves the marital home, are they committing a crime?

Abandoning the marital home is not a crime in itself, but it can have significant civil consequences. If it occurs without just cause and leads to the failure of the duty of assistance, it can constitute grounds for attributing fault in the separation, i.e., assigning the blame for the end of the marriage to one of the spouses, with consequences on inheritance rights and any maintenance allowance for oneself.

Can we agree on child custody without a lawyer?

Private agreements made between parents during de facto separation, while commendable, have no legal effect. This means that, in case of non-compliance by one of them (e.g., regarding visitation rights or financial contributions), the other cannot go to court to enforce them. Only an agreement formalized during legal separation becomes an enforceable title.

How long must pass from de facto separation to be able to request a divorce?

The period of de facto separation is irrelevant for divorce purposes. Italian law requires a period of uninterrupted legal separation to file for divorce: 6 months in case of consensual separation and 12 months in case of judicial separation. Therefore, starting the legal process as soon as possible is essential to be able to definitively dissolve the marital bond one day.

Request a Consultation to Formalize Your Situation

Continuing to live in a state of de facto separation means remaining exposed to risks that can compromise your economic well-being and the serenity of your children. Facing the situation with the support of a professional is the first step to building a stable and protected future. Contacting an experienced divorce lawyer will allow you to understand the options available to you and choose the most suitable path. Lawyer Marco Bianucci receives clients at Studio Legale Bianucci in Milan, at Via Alberto da Giussano, 26, to analyze your specific situation and propose concrete and personalized solutions.