The Right to a Share of the Severance Pay in the Context of Divorce

The end of a marriage entails not only the cessation of cohabitation and personal obligations but also a complex reorganization of financial matters. Among the most delicate and often less-known issues is the right to receive a share of the severance pay (Trattamento di Fine Rapporto - TFR) accrued by the ex-spouse. Understanding the mechanisms of this protection is essential to ensure a fair settlement of post-marital financial relationships. As an expert lawyer in family law in Milan, Avv. Marco Bianucci assists clients daily in the correct identification and quantification of these entitlements, ensuring that every right is protected according to current regulations.

Legal Prerequisites for Obtaining the TFR Share

The divorce law (Law 898/1970, art. 12-bis) clearly states that the divorced spouse is entitled to a percentage of the severance pay received by the other spouse, even if the severance pay accrues after the divorce decree. However, this right is neither automatic nor unconditional. To be able to make the claim, three fundamental requirements must be met. Firstly, a final and binding divorce decree must have been issued; mere separation is not sufficient. Secondly, the claimant must be entitled to periodic spousal support and must not have received the support in a lump sum (una tantum). Finally, the spouse requesting the share must not have remarried, a condition that would immediately forfeit this right.

Calculating the Share: How the 40% Works

One of the most frequent questions concerns the actual amount of the sum due. The law provides that the share is equal to 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. It is important to emphasize that the calculation does not apply to the entire TFR accrued by the worker throughout their career, but only to the portion accumulated during the years of marriage, including the period of legal separation until the divorce decree. This distinction is crucial and requires a precise analysis of the employment and marital timelines to avoid miscalculations that could penalize one of the parties.

The Approach of the Bianucci Law Firm in Milan

Addressing the claim for a share of TFR requires technical expertise and an overall strategic vision. The approach of Avv. Marco Bianucci, an expert lawyer in matrimonial law in Milan, is distinguished by its attention to detail in calculations and verification of prerequisites. In fact, employers or opposing parties may often present inaccurate calculations or attempt to exclude relevant periods from the calculation. The Bianucci Law Firm intervenes by analyzing employment and social security documentation, performing precise projections, and managing the negotiation or litigation phase with firmness. The goal is to ensure that the client obtains exactly what they are entitled to, also considering the opportunity to act directly against the ex-spouse's employer for the seizure of funds, should there be a risk of non-compliance.

Frequently Asked Questions

When can I claim my share of TFR?

The claim to obtain the TFR share can only be submitted after the divorce decree has become final and binding. If the TFR is paid out upon the ex-spouse's retirement or dismissal, it is at that moment that the right becomes enforceable. It is essential to monitor the ex-spouse's employment situation to act promptly.

If my ex-spouse remarried, do I still have to pay them their TFR?

No, if the ex-spouse who would be entitled to the share has entered into a new marriage, they automatically lose the right to receive the TFR share. The rationale behind the rule is to support the economically weaker spouse who has not formed a new family.

What happens if I accepted the divorce settlement in a lump sum?

If the parties agreed to a lump-sum payment of the divorce settlement (the so-called una tantum), the beneficiary spouse loses the right to any subsequent financial claims, including the share of the ex-spouse's TFR. This is a strategic consideration that Avv. Marco Bianucci carefully examines with the client before finalizing divorce agreements.

How is the share calculated if the employment started before the marriage?

In this case, a proportion must be calculated. The 40% applies only to the portion of TFR accrued during the period of overlap between the marriage and employment. The TFR accumulated before the wedding or after the divorce decree remains the exclusive property of the worker.

Request a Legal Consultation in Milan

The correct management of financial rights in divorce is essential to ensure future economic serenity. If you believe you are entitled to a share of your ex-spouse's TFR or need to defend yourself against a claim you deem unfair, it is crucial to act with the support of an experienced professional. Contact Avv. Marco Bianucci at the firm located at Via Alberto da Giussano, 26 in Milan, for an in-depth assessment of your case. Together, we will analyze your specific situation to best protect your interests.