When a couple decides to end their marital journey, one of the primary concerns revolves around future economic stability. Often, terms are confused or concepts overlap, but within our legal system, there is a clear distinction between the allowance received during separation and that received after divorce. As a divorce lawyer practicing in Milan, Avv. Marco Bianucci frequently encounters this uncertainty in clients who turn to the firm. Understanding this difference is fundamental, as the prerequisites, duration, and purposes of these two provisions are profoundly different and significantly impact the economic future of the parties involved.

The Regulatory Context: Two Phases, Two Distinct Measures

The maintenance allowance is the economic measure provided for the legal separation phase. During this period, the marital bond is not yet definitively dissolved, but only suspended. The purpose of the maintenance allowance is to ensure the economically weaker spouse enjoys the same standard of living as during the marriage, where possible. Case law tends to preserve the economic balance that the family had before the marital crisis, considering separation as a transitional phase.

The nature of the divorce allowance is different; it comes into effect only after the divorce decree is issued, at which point the status of spouse definitively ceases. Following the most recent rulings of the United Sections of the Court of Cassation, the divorce allowance has lost its exclusively welfare-related function tied to the standard of living. Today, it assumes a composite nature: welfare-related, but also compensatory and equitable. This means that the judge, when determining it, does not only look at the applicant's economic self-sufficiency but also assesses the personal and economic contribution made by each spouse to the household and to the accumulation of common or individual assets of the other during the years of marriage.

The Approach of the Bianucci Law Firm

At the Bianucci Law Firm, located at via Alberto da Giussano in Milan, the analysis of each case begins with a meticulous reconstruction of the marital history. The approach of Avv. Marco Bianucci, an expert family law attorney, focuses on correctly identifying the procedural phase and the most suitable strategy to protect the client's rights. It is not just about applying mathematical formulas but about valuing elements such as the duration of the marriage, the age of the applicant, and, above all, the professional sacrifices made to dedicate oneself to the family.

As a divorce lawyer in Milan, Avv. Marco Bianucci works to ensure that the transition from the maintenance allowance to the divorce allowance occurs in compliance with new jurisprudential criteria. If during separation the goal is to protect the standard of living, in divorce proceedings the defense strategy changes radically: the aim is to demonstrate any economic imbalance resulting from shared choices made during married life. This meticulous and personalized working method allows for addressing both consensual negotiations and contentious phases with full awareness.

Frequently Asked Questions

What is the main difference between maintenance and divorce allowance?

The substantial difference lies in the purpose and the temporal aspect. The maintenance allowance is granted during separation and aims to preserve the marital standard of living. The divorce allowance is granted after divorce and has a predominantly welfare-related and compensatory function, aimed at ensuring economic independence or compensating the spouse for their contribution to the family, regardless of the previous standard of living.

Is the divorce allowance automatic after divorce?

No, the divorce allowance is never automatic. It must be expressly requested and is granted only if the requesting spouse does not have adequate means or cannot obtain them for objective reasons. Furthermore, with recent jurisprudential trends, the right to the allowance is rigorously assessed based on the principle of economic self-responsibility and the contribution made to family life.

If I start a new cohabitation, do I lose the right to the allowance?

Yes, the establishment of a new stable and lasting cohabitation, even if not formalized in a new marriage, can lead to the loss of the right to the maintenance or divorce allowance. Case law considers the formation of a new de facto family as an expression of a free and conscious existential choice, which severs any connection with the previous marital standard of living.

How is the amount of the allowance calculated?

There is no fixed mathematical calculation, but the judge evaluates various parameters. For maintenance, the incomes of the parties and the previous standard of living are considered. For the divorce allowance, as an expert lawyer in matrimonial law often emphasizes, the duration of the marriage, age, earning capacity, and the contribution made to the growth of the family and personal assets of the other spouse are considered.

Request a Consultation in Milan

The economic dynamics related to the end of a marriage require careful analysis to avoid unfavorable agreements that could bind your future for years. If you are facing separation or divorce and have doubts about your financial rights, it is essential to rely on a competent professional. Avv. Marco Bianucci is available at the Milan office to examine your specific situation. Contact the firm to schedule an appointment and define the best strategy for your case.