The End of a High-Income Marriage

Facing a divorce is always a moment of great emotional and personal complexity. When one or both spouses hold management or top management positions, significant asset implications are added to these difficulties, requiring extremely accurate legal analysis. The management of non-traditional assets such as bonuses, stock options, incentive plans, and other company benefits becomes a crucial point in the process. As a divorce lawyer in Milan, lawyer Marco Bianucci has gained consolidated experience in assisting clients with high-level professional profiles, ensuring strategic and confidential management of all aspects of asset separation.

Bonuses, Stock Options, and Benefits: The Regulatory Framework

In the context of a divorce, Italian law provides for the division of assets acquired during the marriage, if the spouses are in a regime of legal community of property. However, the qualification of company incentive instruments is often debated. Stock options, for example, may be considered part of the common property depending on when they were granted and when they vest. Jurisprudence tends to assess whether these rights are compensatory in nature, linked to the work activity performed during the marriage, or if they represent an incentive for the future. An incorrect analysis can lead to an unfair division of assets, with serious economic consequences for one or both parties.

Production bonuses and other awards linked to work performance also require careful evaluation. It is essential to determine whether the right to receive such sums arose during the marriage, even if payment occurs after the separation. The correct interpretation of employment contracts, incentive plans, and sector regulations is indispensable for precisely defining what falls within the asset division and what, instead, should be considered the exclusive property of the spouse who holds it.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, a divorce lawyer with consolidated experience in Milan, is based on meticulous and personalized analysis of the client's asset structure. The firm does not limit itself to a general overview but delves into each element of the compensation package, collaborating, if necessary, with financial and tax consultants for a correct and strategic valuation of assets. The objective is twofold: on one hand, to protect the assets built up through years of work and dedication; on the other hand, to ensure that the division occurs according to the principles of equity and in full compliance with current regulations. The strategy focuses on negotiating clear and sustainable agreements over time, which can prevent future disputes and allow both spouses to look to the future with greater serenity.

Frequently Asked Questions

Do unvested stock options fall under the community of property?

The issue is complex and depends on various factors. Prevailing jurisprudence tends to consider stock options as personal assets if the vesting period is completed entirely after the separation. However, if part of the vesting period occurred during the marriage, the corresponding portion may be considered part of the common property. A specific analysis of the award plan is necessary to provide a precise answer.

How is alimony calculated with variable income?

When income consists of a fixed and a variable part (such as bonuses and premiums), the alimony calculation is not based solely on the last salary. Courts usually consider the average income earned over the last three years to determine the standard of living enjoyed by the family during the marriage. It is essential to transparently document all income components to arrive at a fair determination.

Do company benefits such as cars, housing, or health insurance have value in a divorce?

Yes, in-kind benefits contribute significantly to a family unit's standard of living. Although they are not directly divisible, their economic value is considered in the calculation of alimony for the economically weaker spouse and for the children. The loss of such benefits following separation is a factor that the judge carefully evaluates.

Request an Assessment of Your Case

Managing a divorce with complex assets requires expertise, discretion, and a tailored legal strategy. If you are facing this delicate phase of your life and wish to protect your interests, lawyer Marco Bianucci is at your disposal. Contact the Bianucci Law Firm, located in Milan at via Alberto da Giussano 26, for a confidential and in-depth assessment of your situation. A preliminary analysis is the first step in defining the most effective path and reaching a fair and sustainable solution.