The end of a marriage brings with it inevitable financial concerns, among which the uncertainty related to the quantification of the divorce allowance stands out. Understanding whether you are entitled to receive financial support, or whether you are obliged to pay it, is one of the most delicate issues we deal with daily. As a divorce lawyer operating in Milan, Avv. Marco Bianucci deeply understands the anxiety that comes from the need to redefine one's financial balance. The aim of this guide is to clarify the current criteria used by Italian courts, dispelling old myths and providing a realistic view based on current legislation and the most recent rulings of the Court of Cassation.

The criteria for calculating the divorce allowance according to the law

For years, the main parameter for determining the divorce allowance was the maintenance of the "standard of living" enjoyed during the marriage. However, it is essential to know that this approach has been radically superseded, particularly after the landmark ruling of the United Sections of the Court of Cassation in 2018. Today, the divorce allowance no longer serves to guarantee the same lifestyle as in the past, but has an assistive, compensatory, and equitable nature. This means that the judge will assess the amount based primarily on the applicant's financial independence or self-sufficiency and their contribution to family life.

The fundamental parameters taken into consideration to establish the right to and the amount of the allowance include the duration of the marriage, which proportionally affects the amount, and the age and health status of the requesting spouse, factors that influence future earning capacity. A crucial aspect is the personal and economic contribution made by each spouse to the running of the household and the accumulation of assets for both; it is assessed, for example, whether one spouse has renounced career prospects to dedicate themselves to home and child care, allowing the other to focus on work. Finally, the actual financial resources of both parties are examined, not limited to just earned income but considering all movable and immovable assets.

The Bianucci Law Firm's approach to estimating the amount

Avv. Marco Bianucci, as an expert lawyer in family law in Milan, adopts an analytical and personalized approach to each individual divorce case. As there is no fixed mathematical formula in our legal system, the defense strategy becomes decisive. The firm's objective is to faithfully reconstruct the marital history to highlight or contest the prerequisites for the allowance. If we represent the spouse requesting the allowance, our focus is on demonstrating the causal link between the shared choices made during the marriage (such as professional sacrifice) and the current income disparity. We work to prove that the current economic situation is the result of an agreed division of roles that deserves compensation.

Conversely, when we represent the spouse who is to pay the allowance, Avv. Marco Bianucci's analysis aims to rigorously verify the other party's actual earning capacity and financial self-sufficiency. Often, in fact, there is a tendency to underestimate potential earning capacity. Through careful examination of finances and employment opportunities, the firm strives to ensure that any amount is fair and sustainable, avoiding unjustified imbalances. The extensive experience gained in the Milan courts allows us to anticipate the judges' orientation and advise the client on the most prudent strategy, whether it aims for a consensual agreement or judicial litigation.

Frequently Asked Questions

Is there a precise mathematical formula for calculating the divorce allowance?

No, Italian law does not provide for an automatic mathematical formula or fixed income percentages as in other jurisdictions. The determination is left to the judge's discretion, who must weigh all the criteria listed above (duration of marriage, contribution to the family, age, income) on a case-by-case basis. For this reason, the assistance of an experienced family law attorney is crucial for correctly presenting the elements to the judge.

Is the standard of living enjoyed during the marriage still a determining factor?

No longer as it was in the past. Following the intervention of the United Sections of the Court of Cassation in 2018, the criterion of the standard of living has become secondary to the compensatory and equitable function. The allowance is not intended to enrich one spouse or equalize incomes, but to compensate those who, for the good of the family, sacrificed their professional expectations, losing earning opportunities that they can no longer recover.

What happens if the spouse requesting the allowance lives with a new partner?

Stable and lasting cohabitation with a new partner can lead to the loss of the right to a divorce allowance. Case law holds that the creation of a new family unit, even de facto, severs the link with the previous standard of living and post-marital solidarity. However, the assessment depends on the stability of the new union and the new partner's actual financial contribution.

Is the divorce allowance also due in case of a short marriage?

The duration of the marriage is a key factor. In cases of very short marriages, the right to an allowance may be excluded or significantly reduced, unless there have been significant work sacrifices or the presence of children who prevented one spouse from working. Generally, the longer the marriage, the greater the weight of the contribution to family life.

Request an assessment of your case in Milan

Determining the correct amount of the divorce allowance is an operation that requires technical expertise and strategic sensitivity. A miscalculation at this stage can have financial repercussions for many years. If you are going through a divorce and wish to understand your rights or obligations regarding the allowance, contact Avv. Marco Bianucci for an initial consultation. The Bianucci Law Firm awaits you in Milan, at Via Alberto da Giussano 26, to analyze your specific situation and define the best protection strategy.