The discovery of marital infidelity often represents the definitive breaking point of a marriage, triggering intense emotional reactions and the desire to obtain justice through legal recognition of the unfaithful spouse's responsibility. However, as a divorce lawyer in Milan, Avv. Marco Bianucci observes daily how the emotional perception of betrayal does not always coincide with the legal consequences provided for by our legal system. In fact, not every act of infidelity automatically leads to the attribution of separation. There are specific circumstances, such as the partner's consent or an ongoing marital crisis, that can exclude the causal link between infidelity and the end of the union, rendering the infidelity irrelevant for the purpose of attribution.

The causal link between infidelity and the end of the marriage

To understand when betrayal leads to attribution, it is essential to analyze the concept of a causal link. Italian jurisprudence, supported by numerous rulings from the Court of Cassation, establishes that infidelity is a cause for attribution only when it has been the exclusive or predominant reason that made the continuation of cohabitation intolerable. This means that if the marriage was already compromised before the infidelity episode, the judge may not pronounce the attribution against the spouse who committed infidelity. In these cases, infidelity is considered not as the cause of the breakdown, but as a consequence of an already deteriorated relationship devoid of the spiritual and material communion that characterizes the marital bond.

Consent to infidelity and tolerance

A particularly delicate aspect concerns situations where there has been explicit or tacit consent to infidelity. If the spouses had agreed, even informally, on an 'open couple' model, or if the betrayed spouse has shown clear tolerance over time towards the other's extramarital relationships, they cannot subsequently claim attribution based on these facts. The law does not protect those who, after accepting a certain conduct, decide to use it instrumentally in separation proceedings only when the relationship ends for other reasons. Prolonged tolerance can be interpreted as an implicit renunciation of the duty of fidelity, or at least as an element that has redefined the couple's balance, excluding the legal offensiveness of the behavior.

The approach of the Bianucci Law Firm

Avv. Marco Bianucci, an expert family law lawyer in Milan, addresses these delicate issues with a rigorous analytical and evidentiary approach. When a client comes to the firm in Via Alberto da Giussano complaining of infidelity or having to defend themselves against an accusation of infidelity, the first step is to reconstruct the chronology of the marital crisis. The objective is to demonstrate whether the breakdown of the emotional bond preceded the contested episode. This requires careful analysis of concrete elements: messages, testimonies, periods of de facto separation at home, or prolonged absence of intimate relations.

The defense strategy developed by Avv. Marco Bianucci aims to highlight the substantial reality of the marital relationship beyond appearances. If the goal is to avoid attribution for a client who has committed infidelity, efforts will be made to prove that the communion of life had already irreversibly ceased. Conversely, if assisting the betrayed spouse, the focus will be on demonstrating that the marriage, despite its ups and downs, was still vital and that it was precisely the infidelity that caused its definitive failure. In any case, technical expertise is combined with the necessary sensitivity to manage complex personal dynamics, ensuring a solid and results-oriented defense.

Frequently Asked Questions

Does infidelity always lead to the attribution of separation?

No, infidelity does not automatically lead to attribution. For the judge to pronounce attribution, it must be proven that the infidelity was the triggering cause of the marital crisis. If it is proven that the marriage was already in an irreversible crisis before the infidelity, attribution may be excluded.

What happens if my spouse knew about my affair and never objected?

If the spouse was aware of the extramarital affair and tolerated it or even consented to it, it may be difficult for him or her to obtain the attribution of separation. Jurisprudence tends to exclude attribution when there has been a non-aggression pact or an acceptance of the partner's lifestyle, as the element of serious injury to marital duties is lacking.

How can it be proven that the marital crisis predated the infidelity?

Proof of a pre-existing crisis is complex and requires an accurate legal strategy. Testimonies from friends and relatives confirming arguments, detachment, or separation at home prior to the infidelity can be used. Even message exchanges (SMS, WhatsApp, emails) attesting to the intention to separate before the discovery of infidelity are very relevant evidentiary elements.

What are the economic consequences of the attribution of separation?

The attribution of separation has primarily economic and succession consequences. The spouse to whom the separation is attributed loses the right to alimony (but retains the right to necessities if in need) and loses succession rights to the other spouse. However, it does not affect child custody or the allocation of the family home, which follow the best interests of the children.

Request a strategic consultation

Facing a separation where attribution and infidelity are discussed requires clarity and a deep understanding of current jurisprudence. If you find yourself in a situation where you need to demonstrate the irrelevance of infidelity or, conversely, assert your rights in the face of your partner's infidelity, it is essential to act with a clear strategy from the outset. Contact Avv. Marco Bianucci for an in-depth assessment of your case. The firm is located in Milan at Via Alberto da Giussano, 26, where you can examine your position and define the best course of action to protect your rights and your future.