Understanding the Divorce Alimony

The end of a marriage brings with it complex and delicate questions, especially regarding future economic balances. One of the most frequent questions concerns the right to receive or the duty to pay divorce alimony. Understanding the prerequisites and criteria that govern this institution is fundamental to facing the divorce process with awareness and serenity. As a divorce lawyer in Milan, lawyer Marco Bianucci assists his clients in the in-depth analysis of each individual situation, ensuring protection based on current legislation and the most recent jurisprudential trends.

The Prerequisites for Divorce Alimony: Beyond the Standard of Living

For a long time, the main criterion for recognizing divorce alimony was the maintenance of the “standard of living” enjoyed during the marriage. This paradigm has been overcome by a fundamental ruling of the United Sections of the Court of Cassation (no. 18287/2018), which introduced a more complex and articulated approach. Today, alimony no longer has a merely welfare function, but takes on a composite nature, balancing different needs.

The Welfare, Compensatory, and Equitable Function

The judge's assessment is based on an in-depth analysis of the financial and personal situation of the ex-spouses. Alimony is granted only if the applicant does not have adequate means or cannot obtain them for objective reasons. The determining criteria are:

1. The welfare function: This applies when one of the spouses is in a condition of objective economic weakness, not due to their fault, and needs support to ensure a dignified existence.

2. The compensatory function: This is the heart of the new interpretation. Alimony serves to compensate the economically weaker spouse for the professional and personal sacrifices made during the marriage, which contributed to the formation of joint assets and the career of the other spouse. For example, renouncing job opportunities to dedicate oneself to family and childcare is considered.

3. The equitable function: This aims to rebalance the economic positions of the spouses, taking into account the duration of the marriage, the age of the applicant, and their health status. A long-term marriage, during which significant family assets have been consolidated thanks to the contribution of both, will carry significant weight in determining the alimony.

The Strategic Approach of the Bianucci Law Firm

Understanding which function of alimony prevails in one's specific case requires detailed and strategic analysis. The approach of lawyer Marco Bianucci, a divorce lawyer in Milan, focuses on the in-depth examination of every relevant element: from the reconstruction of family assets to the evaluation of contributions, including non-economic ones, made by each spouse to married life. The goal is not just to obtain alimony, but to ensure that its amount fairly reflects the sacrifices made and the expectations created during the union, in line with the principles established by the Court of Cassation. Effective defense is based on the ability to document and convincingly argue the role played in building family well-being.

Frequently Asked Questions

When is the right to divorce alimony lost?

The right to divorce alimony ceases automatically if the beneficiary remarries. It can also be revoked or modified if the beneficiary enters into a stable and continuous cohabitation (more uxorio) or in the event of a significant improvement in their economic conditions or a deterioration of those of the obligated party.

How is the amount of divorce alimony calculated?

There is no mathematical formula. The calculation is a complex process that the judge carries out on a case-by-case basis, weighing numerous factors: the duration of the marriage, the economic conditions of the spouses, the age and health status of the applicant, their personal and economic contribution to family life and to the formation of individual and joint assets.

Does divorce alimony last forever?

No, not necessarily. Alimony can be granted indefinitely, but the conditions can be reviewed at any time if the economic circumstances of one of the ex-spouses change. In some cases, especially for short marriages or when the requesting spouse is young and able to work, the judge may order a one-time alimony, i.e., a sum paid in a single installment that extinguishes any future claims.

What exactly does the compensatory function of alimony mean?

The compensatory function recognizes an economic value to housework and family care. It serves to repay the spouse who sacrificed their professional ambitions to allow the other to build a career, thus indirectly contributing to the growth of family assets. It is a principle of equity that looks to the past to balance the future.

Request an Assessment of Your Case

The determination of divorce alimony is one of the most complex and delicate phases of the end of a marriage. Entrusting yourself to a professional with consolidated experience in the field is essential to protect your rights and achieve a fair balance. If you are going through a divorce and wish for clear and in-depth advice on your position, contact the Bianucci Law Firm in Milan. Lawyer Marco Bianucci will analyze your situation to define the most appropriate strategy to protect your interests.