Beyond the End of Marriage: Protecting Fundamental Rights

The end of a marriage is always a complex moment, but in some circumstances, the breakdown is caused by behaviors so serious as to harm the dignity and health of the spouse. When faced with violations of marital duties that go beyond mere intolerability of cohabitation, Italian law provides protective measures that go beyond the classic maintenance allowance. As a divorce lawyer in Milan, Avv. Marco Bianucci deeply understands that in these cases, it is not just about defining the economic aspects of the separation, but about obtaining just recognition for an unfair damage suffered. Jurisprudence has now consolidated the principle that the duties arising from marriage have a legal nature and their violation, if it infringes constitutionally guaranteed rights, can give rise to actual compensation for damages.

The Compensatory Nature of the Allowance and Endofamilial Tort

In the context of Italian family law, it is fundamental to distinguish between the attribution of fault for separation and compensation for damages due to endofamilial tort. Attribution of fault is a sanction that affects the right to maintenance and succession rights, but it does not automatically entail financial compensation. For there to be talk of a divorce allowance with a compensatory nature or, more precisely, a claim for damages combined with that of separation or divorce, it is necessary to prove that the spouse's conduct violated fundamental personal rights. For example, infidelity in itself is not enough to claim damages; it is necessary to prove that the manner in which such infidelity manifested itself caused an injury to the honor, reputation, or psychophysical health of the other spouse. In these cases, we speak of endofamilial tort, a situation that requires rigorous proof of the causal link between violent, abusive, or gravely disrespectful behavior and the prejudice suffered by the victim.

The Bianucci Law Firm's Approach to Claiming Damages

Addressing a lawsuit to obtain compensation for damages within a separation or divorce proceeding requires an extremely accurate procedural strategy. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is based on a meticulous preliminary analysis aimed at verifying the existence of all the constituent elements of the tort. At the firm's office in via Alberto da Giussano, each case is evaluated not only from an emotional perspective but, above all, from a probative one. The goal is to build a solid case, supported by medical documentation, testimonies, and expert reports that can demonstrate to the Court of Milan the actual existence of biological or existential damage. The firm's strategy aims to highlight how the opposing party's conduct was not merely a violation of marital duties, but an act infringing upon the human person, deserving of independent economic compensation distinct from a simple maintenance allowance.

Frequently Asked Questions

Does marital infidelity always entitle to compensation for damages?

No, infidelity in itself can lead to the attribution of fault for separation, but it does not automatically generate a right to compensation. To obtain damages, it is necessary to prove that the manner of the infidelity was injurious to the dignity or health of the other spouse, for example, if it occurred in public and humiliating ways.

What is the difference between attribution of fault for separation and compensation for damages?

Attribution of fault is a ruling that ascertains responsibility for the end of the marriage and causes the guilty spouse to lose the right to maintenance and succession rights. Compensation for damages, on the other hand, is a sum of money that is recognized only if there has been an infringement of a fundamental personal right, regardless of the typical economic consequences of separation.

What evidence is needed to claim damages from an ex-spouse?

It is essential to provide rigorous evidence. This may include medical certificates and psychological reports attesting to health damage (biological damage), testimonies confirming serious and harassing conduct, and any documentation proving the causal link between the spouse's behavior and the damage suffered.

Can I claim damages years after the divorce?

Yes, the action for compensation for damages from endofamilial tort is subject to ordinary statute of limitations periods (generally five years from the event or from when the damage manifested), and it is independent of the divorce proceedings. However, acting promptly with the support of an experienced family law lawyer facilitates the collection of evidence.

Request a Case Evaluation

If you believe you have suffered serious damages due to your spouse's conduct and wish to understand if the prerequisites for a claim for compensation exist, it is essential to act with awareness. Avv. Marco Bianucci is available to analyze your situation with the utmost confidentiality and professionalism. Contact the firm to schedule an appointment at the Milan office.