When can the maintenance allowance be modified?

The end of a marriage or cohabitation entails economic obligations that, at the time they are established, reflect a specific financial and personal reality. However, life is constantly evolving, and circumstances can change significantly, making the amount of the maintenance allowance no longer fair or sustainable. Understanding when and how it is possible to request its modification is a fundamental step in protecting one's rights. As a divorce lawyer in Milan, lawyer Marco Bianucci deals with these situations daily, guiding his clients through a complex legal process that requires precision and expertise.

The Regulatory Context: Justified Supervening Reasons

Italian law, particularly through the Civil Code and divorce legislation, provides for the possibility of reviewing the economic conditions established during separation or divorce. The fundamental prerequisite for initiating a modification proceeding, whether it be a reduction, an increase, or a total revocation, is the presence of “justified supervening reasons”. This means that new and unforeseeable events must have occurred compared to the time when the allowance was determined. These events must have substantially altered the economic balance between the ex-spouses, affecting the paying party's economic capacity or the needs of the recipient.

Examples of justified reasons

The reasons that can justify a review are numerous and are evaluated by the Court on a case-by-case basis. Among the most common are: an involuntary worsening of the obligated party's economic conditions (such as job loss or a significant salary reduction), an improvement in the beneficiary's financial situation (e.g., finding stable and profitable employment), the birth of children from a new relationship for the obligated spouse, or the establishment of a stable and continuous cohabitation (more uxorio) by the beneficiary spouse, which usually leads to the revocation of the divorce allowance.

The Bianucci Law Firm's Approach

Addressing a request to modify the maintenance allowance requires a clear legal strategy based on concrete evidence. The approach of lawyer Marco Bianucci, a divorce lawyer with extensive experience in Milan, is based on a rigorous analysis of the initial situation and the changes that have occurred. The first step involves an in-depth evaluation of the income and asset documentation of both parties, to quantify the actual alteration of the economic balance. Subsequently, all necessary evidence to support the claim in court is gathered, such as employment documentation, contracts, or evidence related to the ex-partner's new cohabitation. The goal is always to pursue the most effective solution, favoring, where possible, a consensual agreement to reduce time and costs, but without hesitation in proceeding judicially to fully protect the client's interests.

Frequently Asked Questions

Does the ex-spouse's new cohabitation always result in the loss of the right to maintenance?

Not automatically. Established case law states that the revocation of the divorce allowance is linked to the establishment of stable and continuous cohabitation, characterized by a shared life project, which creates a new family unit. An occasional relationship or simple cohabitation is not sufficient. It is necessary to demonstrate the stability and family nature of the new bond, an analysis that requires careful evaluation of the evidence.

What happens if my economic conditions worsen?

If you experience a significant and involuntary reduction in your income, for example due to a layoff or a company crisis, you have the right to request a reduction in the maintenance allowance. It is essential to be able to unequivocally document this change, demonstrating that it is not a temporary situation and that you have done everything possible to maintain your earning capacity.

Can the child maintenance allowance also be modified?

Yes, but the conditions are stricter. The allowance for children is based on the principle of their best interests and must ensure the same standard of living they enjoyed during the marriage. A modification is possible only in the presence of substantial changes in the children's needs (e.g., extraordinary medical expenses, starting university) or in the parents' economic capacities. The review must always ensure the well-being and proper support of the offspring.

How long does it take to get the allowance modified?

The times vary considerably. If a consensual agreement is reached with the ex-spouse, the procedure can be completed in a few weeks through a joint application. If, however, it is necessary to initiate judicial proceedings because there is no agreement, the times are longer and can range from a few months to over a year, depending on the complexity of the case and the workload of the competent Court.

Contact the Firm for an Evaluation of Your Case

If your economic conditions or those of your ex-partner have changed and you believe the maintenance allowance is no longer adequate, it is essential to act with the support of a professional. Lawyer Marco Bianucci offers targeted advice to analyze your specific situation, assess the existence of legal grounds, and define the most appropriate strategy for reviewing the conditions. Contact the law firm in Milan to receive legal advice and understand how to protect your rights.