Family Crisis and Business Assets

Dealing with separation or divorce is an emotionally complex journey, which becomes even more delicate when the future of a family business is at stake. Concerns about business continuity, protection of company shares, and the fair division of profits add to the burden of personal crisis. Understanding how family law intertwines with corporate law is the first step to protecting the assets built through years of sacrifice. As a family lawyer in Milan, lawyer Marco Bianucci assists entrepreneurs and their spouses in navigating these complexities with clarity and strategy, ensuring that decisions made protect both personal interests and the company's stability.

Company Shares under the Community Property Regime

In Italy, the legal matrimonial property regime is the community property. This means that, unless otherwise agreed (separation of property), everything acquired after marriage, including profits and increases in value of a business, is considered common property. The management of company shares in this context depends on the nature of the company. In partnerships (S.n.c., S.a.s.), the share acquired during marriage immediately falls into the community property, but administration is jointly held by both spouses. In corporations (S.r.l., S.p.A.), the situation is more complex: the share acquired by only one spouse falls under the so-called community of residue. This implies that, while remaining the property of the acquiring spouse during marriage, upon dissolution of the community property (e.g., with separation), its value must be divided in half.

The Strategic Approach of Bianucci Law Firm

Protecting a family business during a marital crisis requires an analysis that goes beyond the mere application of rules. The approach of lawyer Marco Bianucci, a family lawyer with consolidated experience in Milan, is based on a proactive and strategic evaluation. The first step is to analyze in detail the company's bylaws, shareholders' agreements, and the spouses' matrimonial property regime to identify vulnerabilities. The objective is twofold: to ensure the non-entrepreneur spouse receives fair economic recognition of their rights, and at the same time to safeguard the company's continuity and operations, avoiding decision-making stalemates or the entry of unwanted partners. Personalized solutions are explored, such as the liquidation of the non-shareholder spouse's share, the drafting of separation agreements that consider the business value, or the renegotiation of ownership structures, always with the utmost attention to preserving the company's value.

Frequently Asked Questions

What happens to the shares of an S.r.l. under community property during a divorce?

If the shares of an S.r.l. were acquired by only one spouse during the marriage under the legal community property regime, they do not automatically become jointly owned. However, at the time of separation, the non-registered spouse is entitled to receive 50% of the share's value. Formal ownership of the share remains with the spouse who is a shareholder, but its economic value must be equally divided, often through monetary liquidation to prevent the non-shareholder spouse from entering the company.

If the business was created before the marriage, does my spouse have any rights?

A business established before marriage is considered personal property and does not fall under the community property. However, undistributed profits reinvested in the business, as well as increases in value generated during the marriage thanks to the work contribution of both spouses (including domestic work), may be subject to valuation and division at the time of the dissolution of the community property. Case law tends to recognize the value of such indirect contributions.

How are company profits considered in the calculation of alimony?

To determine alimony, the judge evaluates the total economic resources of both spouses. This includes not only salary or director's fees but also profits distributed by the company. In some cases, undistributed profits set aside as reserves may also be considered, provided it can be demonstrated that this decision was made solely to reduce the apparent earning capacity of the spouse obligated to pay.

Evaluate Your Case with an Expert Lawyer in Milan

Managing company shares in a family crisis context is one of the most complex challenges in family law. Hasty decisions or those not supported by solid legal expertise can irrevocably compromise the future of your business. For a clear and strategic evaluation of your situation, you can turn to Bianucci Law Firm. Contact lawyer Marco Bianucci, a family lawyer at the Milan office located at Via Alberto da Giussano 26, to define a targeted path to protect your interests and those of your company.