The end of a relationship is always a delicate moment, often filled with emotional pain and uncertainty about the future. When a couple is not bound by marriage but has lived together in a long-term de facto union (convivenza more uxorio), doubts about financial protections are frequent and legitimate. Many wonder if, after years of shared life and common projects, the economically weaker partner is entitled to financial support similar to that provided for ex-spouses. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands these concerns and offers clarity on a subject where Italian law draws clear distinctions compared to marriage.

The Regulatory Framework: De Facto Unions and Economic Rights

In Italy, current legislation draws a very precise line between married couples and de facto couples. Unlike divorce, the termination of a de facto union does not automatically give rise to the right to maintenance payments for the ex-partner, regardless of the duration of the relationship or the income disparity between the parties. The legislator does not equate the end of a de facto union with the dissolution of marriage in terms of financial obligations towards the ex-partner. This means that, in principle, there is no right to maintain the same standard of living enjoyed during the relationship.

However, it is crucial to distinguish between maintenance and alimony. Although maintenance payments are not provided for, the law protects situations of extreme hardship. If one of the ex-partners finds themselves in a state of need such that they cannot provide for their basic sustenance and are objectively unable to work, they may request alimony. This is an assistance measure limited to what is strictly necessary for survival, very different from maintenance, and is granted only in exceptional circumstances and for a period proportional to the duration of the de facto union, as provided by Law Cirinnà.

Another crucial aspect concerns financial contributions made during the de facto union. Often, one partner may have invested money or labor in the shared home or the other's business. If these expenditures exceed the normal logic of family solidarity and proportionality, a right to reimbursement or compensation based on the principle of unjust enrichment may arise. This legal tool allows for the recovery of sums that have unfairly benefited the ex-partner without a valid legal cause.

The Approach of Studio Legale Bianucci to the Crisis of De Facto Unions

Avv. Marco Bianucci, an expert lawyer in family law in Milan, addresses the issues related to the breakdown of de facto unions with an analytical and strategic method. Aware that every story has its peculiarities, the firm does not limit itself to applying rigid standards but examines the couple's financial history in detail. The goal is to identify whether the conditions exist for actions aimed at recovering debts or claiming compensation for work performed or capital invested in the shared life that have not been absorbed by normal daily needs.

The strategy of Studio Legale Bianucci favors negotiation whenever possible. Through well-structured out-of-court agreements, it is often possible to settle financial matters equitably, avoiding lengthy litigation. However, when the client's rights are denied, Avv. Marco Bianucci is prepared to protect the client's interests in court, both to defend against unfounded claims and to assert legitimate credit rights or alimony claims. Legal assistance is aimed at ensuring that the end of the emotional relationship does not translate into an unfair financial prejudice for the party who contributed to the well-being of the de facto family.

Frequently Asked Questions

Am I entitled to maintenance if my ex-partner earns much more than me?

No, Italian law does not provide for maintenance payments for de facto couples, not even in the presence of a significant economic disparity. Maintenance, understood as a sum aimed at ensuring the marital standard of living, is only due to ex-spouses. However, in cases of genuine need and inability to support oneself, a request for alimony, which covers only survival expenses, can be considered.

What happens if we have children together?

The presence of children radically changes the situation. Children born outside of marriage have exactly the same rights as children born within marriage. Therefore, the non-cohabiting parent is always required to pay child support, calculated based on the children's needs and the parents' financial capabilities. Avv. Marco Bianucci can assist you in determining the correct amount.

Can I ask for reimbursement of money spent to renovate my ex's house?

It is possible, but not automatic. Expenses incurred for daily life are not reimbursable, as they fall within the duties of solidarity of the couple. However, if you have incurred extraordinary expenses that have increased the value of your partner's assets (such as a major renovation) and these expenses are disproportionate to your means, you may pursue a claim for unjust enrichment to obtain compensation.

How long is the obligation to pay alimony to an ex-partner?

In the rare case where a judge recognizes the right to alimony due to the ex-partner's state of need, the obligation has a fixed duration. The law stipulates that alimony must be paid for a period proportional to the duration of the de facto union itself. Once this period has ended, the obligation ceases permanently.

Request a Consultation in Milan

The end of a de facto union involves complex financial issues that deserve in-depth analysis. If you find yourself in this situation and wish to understand your rights or how to manage your ex-partner's claims, rely on the expertise of Avv. Marco Bianucci. Contact the firm to schedule an initial consultation at Via Alberto da Giussano 26 in Milan: we will evaluate your specific situation together to identify the most effective strategy to protect your future.