The End of a Marriage and Financial Protections

Facing the end of a marriage is a complex journey, laden with emotional and practical implications. One of the most significant concerns is future financial stability, especially for the spouse who had a lower income during the union or sacrificed professional ambitions for the family. A frequent question is whether financial support is due, even in the absence of children. Italian law provides specific protections to rebalance the disparities that separation can create. Understanding the prerequisites and criteria governing alimony is the first step to navigating this transition with awareness and peace of mind. As a family lawyer in Milan, Avv. Marco Bianucci assists his clients to ensure their rights are fully recognized and protected.

Prerequisites for Alimony: Separation and Divorce

It is essential to distinguish between two different stages: separation and divorce. During separation, the economically weaker spouse may be entitled to alimony (assegno di mantenimento). The goal of this instrument is to ensure, as far as possible, the same standard of living enjoyed during the marriage. The main prerequisites are the lack of adequate personal income to maintain this standard of living and an economic disparity compared to the other spouse. However, it is not granted if the separation was attributed to the spouse requesting it.

With divorce, alimony ceases and may be replaced by divorce alimony (assegno divorzile). The criteria for its recognition are stricter and are no longer based on the marital standard of living. The most recent case law has established that divorce alimony has a threefold function: assistance (if the spouse is not economically self-sufficient for objective reasons), compensation (to recognize the contribution made to the family's assets and the other's career), and equitable distribution (to rebalance economic positions). The judge will therefore assess the duration of the marriage, the age, the health status of the applicant, and their contribution to family life.

The Approach of the Bianucci Law Firm

Every separation has a unique story and requires personalized analysis. The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is based on a thorough examination of all elements characterizing the marital relationship and the spouses' economic conditions. The primary objective is always to reach a consensual solution, allowing the agreement to be defined more quickly and with less conflict. However, when an agreement is not possible, the firm is prepared to vigorously protect the client's interests in court. The strategy focuses on collecting solid documentary evidence to demonstrate economic disparity, the contribution made to the family, and the objective impossibility of achieving economic independence, thus ensuring fair recognition of the weaker spouse's rights.

Frequently Asked Questions

If the wife works, is she entitled to alimony?

Yes, she may be entitled to it. The mere fact of having employment does not automatically exclude the right to alimony. The determining factor is whether the income received is sufficient to maintain a standard of living similar to that enjoyed during the marriage (in case of separation) or to ensure her economic self-sufficiency (in case of divorce). If there is a significant disparity compared to the other spouse's income, the right may exist.

How is alimony calculated for a wife without children?

There is no precise mathematical formula. The judge makes an overall assessment based on various factors: the incomes and assets of both spouses, the duration of the marriage, the age and health conditions of the applicant, their contribution to the family's assets, and the ex-partner's career. For this reason, it is essential to present a complete and detailed economic and asset profile.

For how long must alimony be paid?

Alimony established during separation lasts until the divorce decree. Divorce alimony, on the other hand, can be for an indefinite period. It automatically ceases if the beneficiary remarries. It can be revoked or modified if the beneficiary begins a stable and continuous cohabitation or achieves proven economic independence.

Can alimony be modified over time?

Yes, both separation alimony and divorce alimony can be subject to revision. If significant and justified changes occur in the economic conditions of one of the ex-spouses (such as job loss, a substantial salary increase, or an inheritance), it is possible to ask the court to modify the alimony amount, either increasing or decreasing it.

Request an Assessment of Your Case in Milan

Determining whether and to what extent alimony is due requires careful legal analysis based on experience. Relying on a competent professional is the first step to protecting your future. Avv. Marco Bianucci offers legal advice in Milan to analyze your specific situation, explain your rights, and define the most effective strategy. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 for a legal opinion and personalized assistance.