The Distinction Between Separation Agreements and Divorce Alimony

Many people mistakenly believe that the conditions established during a consensual separation are immutable and automatically bind the subsequent divorce phase. It is common for spouses, in order to expedite proceedings or to close a painful chapter, to decide not to provide for any maintenance payments during the separation. However, when it comes time to definitively dissolve the marital bond, the economic or personal situation of one of the parties may have changed, or a significant income disparity may emerge more clearly. As an expert lawyer in family law in Milan, Avv. Marco Bianucci clarifies that the absence of an economic contribution in the separation does not, in principle, preclude the possibility of requesting a divorce alimony.

Italian jurisprudence, particularly after the fundamental intervention of the United Sections of the Court of Cassation, has clarified that divorce alimony has a different nature compared to separation alimony. While maintenance during separation aims to preserve the standard of living enjoyed during the marriage, divorce alimony has an assistive, but above all, compensatory and equalizing function. This means that the judge will not only assess the state of need but also, and above all, the contribution that the economically weaker spouse has made to the accumulation of family and personal assets of the other spouse during married life, perhaps sacrificing their own professional aspirations to dedicate themselves to the family.

The Bianucci Law Firm's Approach to Complex Divorce Cases

Addressing a request for divorce alimony when it was not provided for during the separation phase requires a meticulous and evidentiary legal strategy. The approach of Avv. Marco Bianucci, an expert lawyer in matrimonial law in Milan, is based on an in-depth analysis of the marital history and the current economic conditions of the parties. It is not enough to demonstrate an income disparity; it is necessary to prove the causal link between the choices made during the marriage and the current financial situation.

At the Bianucci Law Firm, located at via Alberto da Giussano 26, each case is handled with the utmost attention to detail. The defense strategy focuses on the documentary reconstruction of sacrifices made by the client during the marriage and on valuing the contribution made to the family. The goal is to demonstrate that the absence of maintenance provisions during the separation did not correspond to a definitive waiver of one's rights, but was linked to a temporary context or to conditions that subsequently changed. Avv. Marco Bianucci works to ensure that the recognition of divorce alimony is fair and reflects the true principles of post-marital solidarity enshrined in the law.

Frequently Asked Questions

Can I request divorce alimony if I wasn't receiving it during the separation?

Yes, it is absolutely possible. The divorce proceedings are independent of the separation proceedings. The fact that you were not receiving maintenance payments during the separation, or that you waived them at that time, does not prevent you from making the request in the divorce petition, provided that the legal requirements for divorce alimony, which has a different nature and functions than maintenance, are met.

What criteria does the judge use to decide if alimony is due?

The judge evaluates various parameters, including the duration of the marriage, the health and age of the applicant, and the personal and economic contribution made to the household and to the accumulation of assets of the other spouse. A crucial element is to ascertain whether the current economic disparity is a consequence of choices made during married life, such as giving up a career to care for children.

What happens if my ex-spouse has a new family?

The formation of a new family or a stable cohabitation of the spouse obligated to pay does not automatically exclude the duty to pay divorce alimony, but it can affect the amount awarded. Conversely, if the spouse requesting alimony enters into a new stable and lasting cohabitation, this could lead to the loss of the right to alimony, as it is presumed that the new union severs the bond of solidarity with the ex-spouse.

How long do I have to request divorce alimony?

The application for divorce alimony must be submitted concurrently with the petition for the dissolution or cessation of civil effects of marriage. However, it is possible to request a review of divorce conditions even after the judgment, should justified reasons or new facts arise that modify the economic balance between the parties. It is essential to act promptly and seek assistance from an expert professional.

Request an Assessment of Your Case in Milan

If you are going through a divorce and wish to understand if you are entitled to divorce alimony despite a consensual separation without maintenance, it is essential to analyze your specific situation. Avv. Marco Bianucci, with his consolidated experience in family law, is available to examine the details of your marital journey and define the most effective strategy. We invite you to contact the Bianucci Law Firm to schedule an appointment at our Milan office.