Facing a separation or divorce is an emotionally complex time, which can become a source of deep frustration when unjustified economic imbalances emerge. One of the most frequent and delicate dynamics concerns the entrepreneur or self-employed spouse who declares meager incomes, while maintaining a high standard of living. This often happens through the personal use of company assets, such as luxury cars, real estate, or daily expenses charged to the company. As a divorce lawyer in Milan, Avv. Marco Bianucci perfectly understands the sense of injustice felt when an ex-partner tries to mask their real financial resources to evade maintenance obligations.

The Legal Framework: Hidden Incomes and Real Economic Capacity

In the Italian legal system, the determination of maintenance payments for a spouse and children is based on the real economic capacity of the individuals involved and the standard of living enjoyed during the marriage. However, tax returns do not always tell the whole truth. The case law of the Court of Cassation is now well-established in stating that, for the purpose of quantifying maintenance, the judge must not stop at tax declarations alone but must ascertain the actual financial and income situation.

The fictitious ownership of assets by companies or the mixed use of company resources, known as asset commingling, constitute an expedient to artificially reduce personal income. Making the rent for the dwelling, travel expenses, utilities, or car leasing appear as business costs allows one to enjoy a high standard of living while appearing, on paper, to have minimal income. The law allows these practices to be exposed, requiring in-depth investigations to bring hidden incomes to light and restore fairness in the separation proceedings.

The Approach of Studio Legale Bianucci in the Search for Financial Truth

Dismantling the structure of a company used as a screen for personal expenses requires great technical expertise and a targeted strategy. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on meticulous and multidisciplinary asset analysis. One cannot simply verbally contest the other party's declarations; solid and irrefutable documentary evidence must be brought to court.

Studio Legale Bianucci works to meticulously reconstruct the spending habits and the real standard of living of the ex-spouse. This is done through specific requests for document production, analysis of company financial statements, examination of bank statements, and, when the complexity of the case requires it, by engaging authorized private investigators and financial consultants. The goal is to reveal the discrepancy between declared income and real life, ensuring that maintenance payments are calculated on truthful grounds, thus protecting the financial future of the client and their children.

Frequently Asked Questions

How can I prove that my ex uses the company car for personal purposes?

Proof can be provided through various elements, such as detailed testimonies, lawful photographic documentation, or by demonstrating that the ex-spouse is the exclusive user of the vehicle outside of work hours and locations. The analysis of fuel expenses or highway tolls on weekends or during holidays also constitutes strong evidence for the judge.

What happens if the house where my ex lives is registered to their company?

If the property registered to the company is used exclusively as the spouse's private residence, the value of the use of such an asset, such as the savings on potential market rent, must be counted as imputed income. The court will take this hidden economic benefit into account when assessing real financial capacity for the purpose of calculating maintenance.

Can the judge check the bank accounts of my ex-husband's company?

Yes, if there are well-founded suspicions of wealth concealment. The judge, upon request by a party, can order tax investigations through the Guardia di Finanza. These investigations can extend not only to personal accounts but also to those of companies controlled by the spouse, to verify any commingling of personal and business assets.

How much does it cost to initiate asset investigations during a separation?

The costs of legal proceedings and any asset investigations depend on numerous factors specific to the individual case, such as the complexity of the corporate structure and the difficulty in obtaining evidence. During the initial consultation, Avv. Marco Bianucci will analyze the situation and provide a clear and transparent overview of the expected financial commitment, evaluating the most proportionate strategies to achieve the desired outcome.

Protect Your Rights with Strategic Legal Support

If you believe your ex-partner is hiding their real financial resources by exploiting company assets and resources, it is crucial to act promptly with a rigorous legal strategy. Addressing these dynamics requires the assistance of a professional capable of seeing beyond tax declarations. Contact Avv. Marco Bianucci at his office in Milan, at Via Alberto da Giussano 26, for an initial consultation. We will analyze your specific situation together to identify the most effective path to reveal the truth and protect your rights and those of your children.