The Challenge of Separation for the Entrepreneur

Facing separation or divorce is a time of great emotional and personal complexity. When one is an entrepreneur, business owner, or freelancer, specific and crucial concerns related to protecting business assets and managing non-linear income streams are added to these difficulties. Understanding how to safeguard the business built through years of sacrifice becomes an absolute priority. In this context, the support of a professional with in-depth knowledge of complex asset dynamics is fundamental. As a divorce lawyer in Milan, lawyer Marco Bianucci has extensive experience assisting entrepreneurs and professionals, ensuring strategic management of separation that aims to safeguard both personal balance and business continuity.

Management of Business Assets in the Legal Context

Italian legislation on spousal separation provides specific mechanisms for asset division, but their application to business assets requires careful and thorough analysis. The first fundamental distinction concerns the marital property regime chosen by the couple: community property or separation of property. Under a legal community property regime, shares in a partnership or stocks in a corporation acquired by one spouse after marriage are, in principle, part of the community property. This does not mean that the non-entrepreneur spouse automatically becomes a partner, but they acquire a right to the economic value of the share, which must be liquidated at the time of the dissolution of the community property.

Even under a separation of property regime, the situation is not without complexity. Although the business remains the exclusive property of the entrepreneur spouse, its value and the income derived from it are central elements in determining the alimony for the economically weaker spouse and for the children. The valuation of the business, the estimation of actual income (often not coinciding with what is declared for tax purposes), and the distinction between personal assets and business assets become delicate and potentially conflictual steps, requiring in-depth accounting and legal analysis.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a personalized strategy that integrates legal expertise with a deep understanding of business dynamics. The primary objective is twofold: to protect the integrity and operation of the business and to reach a fair and sustainable separation agreement over time. Our assistance is structured in several strategic phases, from the precise mapping of business and personal assets to the valuation of actual income streams, also through collaboration with trusted technical consultants and accountants. This allows for the construction of a solid and transparent negotiation base.

Our experience teaches us that the preferred route is a consensual agreement, which allows for tailor-made solutions, such as family pacts or trusts, to protect company shares and ensure business stability. When litigation is unavoidable, lawyer Marco Bianucci assists the client with determination, presenting the judge with a clear and documented reconstruction of assets, which is essential to obtain a decision that considers the real economic capacity and the need not to compromise the main source of income. The focus is always on finding a balance that protects our client's interests without destroying economic and human value.

Frequently Asked Questions

How is my business valued in case of separation?

The valuation of a business or a corporate shareholding in a separation context is a complex technical process. There is no single method; rather, various methodologies (asset-based, income-based, mixed) are used depending on the nature of the activity. Often, the intervention of an expert or a court-appointed technical consultant (CTU) is necessary to ensure an impartial estimate. The goal is to determine the real economic value of the asset at the time of separation, which will serve as the basis for division or for the calculation of alimony.

Can my spouse become a partner in my business after separation?

Generally, no. Even under a community property regime, the non-entrepreneur spouse does not acquire partner status. Instead, they acquire a claim equal to half the value of the corporate shareholding that falls under community property. This claim must be settled in cash, without the spouse becoming part of the company's ownership, thus safeguarding corporate governance. However, specific agreements may provide for different solutions if shared by both parties.

How is alimony calculated if I have a highly variable income?

Income variability is one of the main challenges for freelancers and entrepreneurs. The calculation is not based on a single month or the last tax return, but on a weighted average of the last few years (usually three). Balance sheets, cash flows, and the standard of living maintained during the marriage are analyzed to reconstruct the actual economic capacity. It is also possible to provide for mechanisms to adjust alimony, with a fixed portion and a variable portion linked to the year's economic results.

What happens to business assets if we are under a separation of property regime?

Under a separation of property regime, the business and its assets remain the exclusive property of the owner spouse. They do not enter into direct asset division. However, the value of the business and the income it generates are fully considered by the judge in determining any alimony for the spouse and children. Therefore, even in this regime, correct valuation and documentation of the business situation are absolutely crucial.

Request a Strategic Consultation for Your Situation

Separation for an entrepreneur or freelancer requires more than just legal assistance; it needs a strategic vision that protects personal and professional futures. The Bianucci Law Firm, based in Milan, offers targeted support to address these complex challenges. Lawyer Marco Bianucci is available to analyze your specific situation, explain the possible protections for your business assets, and define the most effective path to achieve your goals.

If you are considering a separation and wish to understand how to protect your business, contact the firm to schedule an initial consultation. A preliminary analysis and careful planning are the first steps to manage this delicate moment with awareness and security, ensuring the stability of your business and your future. The firm's personalized approach guarantees attentive and dedicated assistance at every stage of the process.