The Duty of Moral and Material Assistance in Marriage

Facing an illness or a period of severe personal difficulty is one of the hardest trials a human being can endure. When this suffering is aggravated by the indifference or abandonment of one's spouse, emotional pain is added to physical pain, creating an often irreparable fracture in the marital relationship. As a divorce lawyer practicing in Milan, I deeply understand the delicacy of these situations, where law is inextricably intertwined with the most intimate affective dynamics. The Italian Civil Code, in Article 143, unequivocally establishes that from marriage derives the reciprocal obligation of moral and material assistance. This duty is not a mere ethical recommendation but a true legal obligation that, if violated at critical moments such as the partner's illness, assumes a gravity that can determine the fate of the separation.

When Abandonment Leads to the Attribution of Separation

The violation of the duty of assistance, especially when the spouse is in a state of need due to physical illness or psychological distress, constitutes one of the main causes for requesting the attribution of separation. Attribution is not a punitive sanction in itself but a judicial ascertainment that the end of the marriage is attributable solely to the behavior contrary to marital duties by one of the spouses. However, for the judge to pronounce attribution, it is not enough to prove the illness and the lack of support; it is necessary to prove the causal link. It must be demonstrated that the marital crisis and the subsequent intolerability of cohabitation were caused precisely by that lack of support in the moment of need, and not by prior crises. Case law confirms that turning one's back on a sick spouse represents such a serious violation of the duties of family solidarity as to justify, in most cases, the imputation of responsibility for the separation.

The Approach of Studio Legale Bianucci in Milan

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a rigorous evidentiary analysis combined with the necessary sensitivity to deal with such painful situations. When a client turns to the firm complaining of moral or material abandonment during an illness, the defense strategy focuses on a detailed reconstruction of the facts. The goal is to gather documentary and testimonial evidence that attests not only to the state of necessity of the weaker spouse but also to the disinterest or voluntary withdrawal of the other party. Lawyer Marco Bianucci works to highlight how such conduct has violated the essential core of marital solidarity, making the continuation of common life impossible. Our assistance aims to obtain the recognition of attribution, which carries significant legal consequences, such as the loss of the right to maintenance for the culpable spouse and exclusion from inheritance rights.

Frequently Asked Questions

If my spouse leaves me alone during a serious illness, is the attribution automatic?

Attribution is never a mathematical automaticity but must be ascertained by the judge evaluating the specific circumstances of the concrete case. However, the abandonment of a spouse in a moment of serious illness is considered by case law as a particularly odious violation of marital duties. If it is proven that this behavior was the triggering cause of the marital crisis, the chances of obtaining the attribution of separation are very high.

What evidence is needed to prove the lack of moral assistance?

To support a request for attribution, it is essential to provide complete medical documentation attesting to the pathology and the period of illness. Furthermore, evidence demonstrating the spouse's absence or disinterest is crucial: testimonies from relatives or friends, messages, emails, or evidence of prolonged unjustified absences from home can be used. A divorce lawyer will be able to guide you in selecting the most effective and admissible evidence in court.

Does the spouse's depression fall under cases requiring mandatory assistance?

Absolutely yes, case law equates psychological suffering with physical suffering regarding the duties of marital assistance. Leaving alone a spouse suffering from a severe form of depression, or worse, adopting denigrating attitudes or indifference towards their condition, constitutes a violation of the duty of moral assistance. In this case too, such conduct can be the basis for a claim for attribution of separation.

What does obtaining the attribution of separation against the other spouse entail?

Obtaining the attribution of separation has very important financial and inheritance consequences for the spouse deemed responsible for the end of the marriage. Those who suffer attribution lose the right to receive maintenance payments, retaining only, if applicable, the right to alimony in case of absolute indigence. Furthermore, they lose most of their inheritance rights towards the ex-spouse, a fundamental aspect to consider for future protection.

Request Legal Consultation in Milan

If you believe you have been a victim of a violation of the duties of moral and material assistance by your spouse, it is essential to act with awareness to protect your rights and dignity. Lawyer Marco Bianucci is at your disposal to evaluate your case with the utmost confidentiality and professionalism. We invite you to contact Studio Legale Bianucci at the Milan office located at via Alberto da Giussano, 26, to define the most suitable strategy for your personal situation.