The end of a marriage or cohabitation raises complex financial issues, especially when one of the spouses receives income that goes beyond a simple monthly paycheck. Understanding how elements such as stock options, annual bonuses, and fringe benefits affect the determination of alimony or divorce support is a fundamental step in protecting one's rights. The situation requires in-depth analysis, as the valuation of these variable components of salary can significantly alter the economic balance established by the judge. As a family lawyer in Milan, Avv. Marco Bianucci addresses these dynamics with an approach based on documentary analysis and a deep knowledge of the relevant case law.

The Regulatory Framework: Beyond Base Salary

Italian law, particularly Articles 156 and 337-ter of the Civil Code, establishes that alimony must be commensurate not only with the needs of the beneficiary but also, and above all, with the real economic capacity of the person obliged to pay it. This principle implies that the judge does not limit themselves to considering the base salary but must evaluate every source of income, wealth, and utility of the obligated spouse. Consolidated case law has clarified that even variable income, if received with a certain regularity and predictability, contributes to forming the basis for calculating alimony.Components such as production bonuses, annual premiums, stock options, and fringe benefits (e.g., company car use, housing, or health insurance) are, in all respects, part of a person's assets and earning capacity. The legal challenge lies in demonstrating not only the existence of such emoluments but also their impact on the standard of living enjoyed during the marriage. It is not sufficient for a component to be labeled