Divorce and Business Asset Management

Facing a divorce is an emotionally complex journey, which becomes even more delicate when the future of a family business or the division of company shares are at stake. The end of a marriage, in these cases, does not only concern the personal sphere but inevitably intertwines with the economic stability and operational continuity of a business built with years of sacrifice. Understanding how to protect one's business assets is the first step to facing the situation with clarity and strategy. As a divorce lawyer in Milan, lawyer Marco Bianucci offers targeted consultancy to analyze and protect business assets in the context of a separation or divorce, assisting clients from all over the metropolitan area, including the municipalities of Rho and Pero.

Division of Businesses and Company Shares under Italian Law

Italian law governs the division of assets between spouses based on the chosen marital property regime: legal community property or separation of assets. This choice has profound implications for the fate of a family business or company holdings. Under the legal community property regime, Article 177 of the Civil Code establishes that businesses managed by both spouses and established after the marriage are part of the community. If the business was owned by only one spouse before the marriage but managed by both, the community extends only to profits and increments. The situation becomes even more complicated for shares in capital companies (such as S.r.l. or S.p.A.), where jurisprudence has outlined specific criteria to determine if and how shares should be divided.

In the case of separation of assets, each spouse retains exclusive ownership of their assets, including businesses and company shares. However, even under this regime, disputes can arise, for example, regarding the calculation of maintenance payments, which must take into account the standard of living enjoyed during the marriage and the economic capacity of the obligated spouse, often derived precisely from business income. Therefore, a precise and documented valuation of the business's worth and its income streams is essential to ensure a fair resolution.

The Bianucci Law Firm's Approach to Asset Protection

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a strategic and personalized analysis of the case. The priority is twofold: to protect the client's personal rights and to safeguard the continuity and value of the business. The first step involves meticulous asset due diligence, often conducted with the help of experts and accountants, to determine the exact value of the business, shares, and business assets. This valuation is crucial for formulating a solid negotiation strategy aimed at reaching a consensual agreement that avoids long and costly legal battles.

If an agreement cannot be reached, the firm provides comprehensive legal assistance in the judicial phase. The objective is to unequivocally demonstrate the real asset and income situation, proposing solutions that can reconcile the spouse's claims with the need not to compromise the financial health of the business. The experience gained as a divorce lawyer in cases of high asset complexity allows lawyer Marco Bianucci to competently manage dynamics related to the valuation of goodwill, undistributed profits, and shareholder loans, elements often at the center of litigation.

Frequently Asked Questions

How is a family business divided in case of divorce?

The division of a family business depends on the marital property regime and who managed the activity. In legal community property, if the business was created and managed by both after the marriage, it is entirely part of the community. If it belonged to only one before the wedding but was co-managed, only profits and increments are divided. The goal is often to liquidate the share of the non-assignee spouse to avoid disrupting the business.

Do shares in an S.r.l. fall under community property?

Yes, according to prevailing jurisprudence, shares in an S.r.l. acquired by a spouse after the marriage under the legal community property regime fall into the community. This means that the value of the participation must be divided equally, even if the other spouse does not automatically acquire shareholder status. The division typically occurs through the liquidation of 50% of the shares' value to the non-owner spouse.

How is maintenance calculated if one spouse is an entrepreneur?

The calculation is complex because an entrepreneur's income is not as easily determinable as that of an employee. Company financial statements, cash flows, distributed and undistributed profits, and the overall value of assets are analyzed. A technical appraisal is often necessary to ascertain the real economic capacity and ensure maintenance payments are fair and proportionate to the marital standard of living.

Is it possible to protect the business before a potential divorce?

Yes, asset planning is fundamental. Choosing the separation of assets regime is the first and most important protective tool. Furthermore, legal instruments such as family pacts or the establishment of a patrimonial fund can be used to protect specific business assets, earmarking them for determined purposes and shielding them from the dynamics of a potential marital division.

Request Strategic Consultancy in Milan

Managing a divorce involving a family business or company shares requires legal expertise, strategic vision, and utmost discretion. If you find yourself facing this delicate situation and wish to understand your rights and how to protect your assets, you can contact the Bianucci Law Firm. Contact lawyer Marco Bianucci for an in-depth assessment of your case and to define the most effective strategy to protect your personal and business interests.