In the collective imagination, when we talk about marital crisis, we often tend to assume that it is always the wife who benefits from maintenance payments. However, Italian law is clear and makes no gender distinctions: the right to financial support is based exclusively on the disparity in income and assets between the spouses, regardless of whether the applicant is a man or a woman. As an expert lawyer in family law in Milan, Avv. Marco Bianucci increasingly meets fathers and husbands who, finding themselves in an economically disadvantaged position compared to their spouse, require protection to ensure their subsistence and maintain a dignified standard of living during the separation phase.

Legal Prerequisites for Alimony to Husbands

The Italian Civil Code, specifically Article 156, establishes that the judge, in pronouncing the separation, grants the spouse not responsible for the separation the right to receive from the other spouse what is necessary for their maintenance, should they not have adequate income of their own. The core principle is post-marital solidarity, which aims to rebalance the economic positions of the parties. If the husband earns significantly less than his wife, is unemployed (through no fault of his own), or has dedicated himself to household and childcare duties, sacrificing his career, he has full right to request alimony. The judge's assessment will be based on the so-called standard of living enjoyed during the marriage, comparing the economic resources of both parties.

It is crucial to emphasize that the right to maintenance ceases if the separation is attributed to the applicant, meaning if the judge ascertains that the end of the marriage was caused by a violation of marital duties by the husband, such as infidelity or abandonment of the marital home. In the absence of such attribution, and in the presence of an objective economic disparity in favor of the wife, the husband's request is absolutely legitimate and well-founded.

The Approach of the Bianucci Law Firm

Addressing a maintenance claim from a husband's perspective requires a meticulous and unbiased defense strategy. The approach of Avv. Marco Bianucci, an expert lawyer in matrimonial law in Milan, begins with an in-depth analysis of the family's financial situation. Often, in fact, the economic disparity does not only emerge from payslips but from company benefits, real estate, financial income, or corporate profits that the other party may receive. The firm works to reveal the wife's true economic capacity, ensuring that the calculation of alimony is fair and reflects the reality of the facts.

The legal strategy focuses on rigorous documentation of the client's state of need and the objective impossibility of obtaining adequate means to maintain the previous standard of living. Whether it is a husband who has lost his job or a father who has reduced his working hours to care for his children, the Bianucci Law Firm strives to transform these factual elements into solid legal arguments, protecting the client's dignity and rights at every stage of the proceedings, whether consensual or judicial.

Frequently Asked Questions

Does an unemployed husband always have the right to maintenance?

It is not automatic. The judge assesses not only the state of unemployment but also the applicant's age, their residual earning capacity, and their actual efforts in seeking new employment. If unemployment is voluntary or due to inertia, the right to alimony may be denied or reduced. However, if unemployment is involuntary or linked to past shared family choices, the right is protected.

What happens if the wife earns much more than the husband?

In cases of significant income disparity, even if the husband is employed and has his own income, he may be entitled to an equalization payment. This serves to bridge the gap and allow him to approach the standard of living that the couple had during their cohabitation, provided that such standard was primarily supported by the wife's income.

Does maintenance for a husband last forever?

No, the maintenance payments decided during separation are a temporary measure that can be reviewed during divorce proceedings. With divorce, the divorce alimony comes into play, which has different natures and prerequisites, based more on economic self-responsibility and an assistive or compensatory function, rather than on maintaining the marital standard of living.

If the husband cheats on his wife, does he lose the right to maintenance?

Yes, if infidelity is the triggering cause of the marital crisis and leads to the separation being attributed to the husband, he loses the right to maintenance payments, although he may retain the right to basic support (a minimal sum for mere survival) only if he is in a state of total indigence.

Request a Case Evaluation in Milan

If you find yourself in an economically disadvantaged situation compared to your spouse and are going through a separation, it is essential to act with awareness of your rights. Avv. Marco Bianucci is available to analyze your specific situation and assess the existence of the prerequisites for requesting maintenance. The firm receives clients at its Milan office located at Via Alberto da Giussano, 26. Contact Avv. Marco Bianucci to schedule an appointment and define the best strategy for your future.