Addressing the Concealment of Marital Assets

Discovering that your spouse is undertaking a transfer of company shares before divorce is a situation that causes deep concern. Often, this move is made with the precise intention of making income and asset situations appear lower than they actually are, in an attempt to reduce any maintenance payments or to siphon off resources from the marital community property. As a divorce lawyer in Milan, Avv. Marco Bianucci perfectly understands the sense of bewilderment and the urgency to clarify matters during these delicate family transition phases.

Italian law, however, provides precise tools to counter such behavior and establish the truth of the facts. A simple notary deed is not enough to magically make wealth accumulated during the marriage disappear, especially if the transaction was conceived with evasive or fraudulent intentions towards the other spouse.

The Legal Framework: Simulation and Revocatory Action

When faced with suspected asset depletion, civil law offers various actions to protect the economically weaker spouse. If the sale of shares is fictitious, meaning the parties have signed a contract but in reality, the spouse continues to manage the company and receive its profits (perhaps through a nominee), this is referred to as simulation. Proving simulation allows the act to be declared ineffective, bringing the shares back into the assets to be evaluated for separation or divorce purposes.

In other cases, the transfer may be real but carried out solely to prejudice the rights of the other spouse. In this scenario, it is possible to resort to the revocatory action. This legal instrument allows for the rendering ineffective of asset disposition acts with which the debtor (in this case, the spouse transferring the shares) prejudices the rights of the creditor (the spouse entitled to maintenance or their share of community property).

The Bianucci Law Firm's Approach

Addressing cases of corporate engineering applied to family law requires a rigorous and analytical method. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is based on meticulous asset investigation. We do not stop at appearances or official tax returns, which in these contexts of high conflict can be incomplete or misleading.

The Bianucci Law Firm proceeds with a careful analysis of corporate documents, financial statements, cash flows, and bank transactions. The primary objective is to reconstruct the spouse's actual standard of living and real economic capacity. Avv. Marco Bianucci works to gather the necessary evidence to expose any fictitious ownership or diversion of funds, building a solid defense strategy to protect the client's financial rights in separation or divorce proceedings.

Frequently Asked Questions

What happens if my spouse transfers shares to a relative before we separate?

If the transfer of company shares to a relative or friend occurs close to the marital crisis and without a genuine and adequate transfer of funds, there is a strong suspicion that it is a simulated act. In court, it is possible to challenge this transaction by demonstrating that the transferring spouse continues to act as the true administrator of the company, asking the judge to consider the value of those shares in determining the financial arrangements for the divorce.

How is the maintenance allowance calculated if the company shows a loss?

Judges do not rely solely on tax returns or company financial statements, especially if there are concrete elements that cast doubt on their veracity. If the company is formally showing a loss but the owner spouse's standard of living remains high, the court may order in-depth asset investigations, also utilizing the Guardia di Finanza. The court will then assess actual financial resources, real estate, investments, and the real lifestyle to determine the amount of the allowance.

How long do I have to contest the sale of company shares?

The timelines depend on the specific legal action intended. For example, the revocatory action has a statute of limitations of five years from the date the transfer act was completed. However, in the context of separation and divorce, it is crucial to act promptly to freeze the asset situation and prevent further dissipation of wealth. It is always advisable to initiate appropriate legal verifications as soon as there is a well-founded suspicion of anomalous movements.

Protect Your Financial Rights

Facing the end of a marriage is already emotionally complex; you should not also suffer economic injustices due to hidden maneuvers. If you suspect your spouse is altering the asset reality through the transfer of company shares, it is essential to intervene with firmness and expertise. Contact Avv. Marco Bianucci at the Bianucci Law Firm in Milan for an initial consultation. Together, we will analyze the details of your situation to define the most effective strategy to protect your future and your legitimate rights.