When dealing with the post-marital phase, one of the most delicate financial issues concerns the perception of the share of Severance Pay (TFR) accrued by the ex-spouse. Often, the calculation provided by the counterparty's employer can be imprecise, incomplete, or clearly incorrect, unfairly reducing the sum rightfully due to the claimant. As a divorce lawyer operating in Milan, Avv. Marco Bianucci deeply understands the frustration that comes from having to fight not only for the recognition of a right but also for its correct economic quantification. It's not just about numbers, but about ensuring that the law is applied in its entirety to protect the client's economic future.

The Right to a Share of TFR and the Pitfalls of Company Calculations

Italian law, and specifically Article 12-bis of the Divorce Law (L. 898/1970), establishes that the spouse entitled to a divorce allowance, who has not remarried, is entitled to a percentage of the severance pay received by the other spouse, even if it accrues after the decree. This percentage is equal to 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. However, determining the calculation base is not always straightforward. Companies may omit salary components, miscalculate the years of coincidence, or fail to consider essential monetary revaluations. Blindly trusting the statement provided by the counterparty or their company can lead to significant financial losses. It is crucial to analyze whether the calculation respects the criteria for actual accrual and includes all salary components that contribute to the formation of the TFR, preventing restrictive interpretations from harming the beneficiary's rights.

The Bianucci Law Firm's Approach to Verifying Calculations

Avv. Marco Bianucci, an expert lawyer in family law in Milan, adopts a rigorous and analytical method to address TFR-related disputes. The firm's strategy is not limited to accepting the provided data but includes an in-depth audit phase. Collaborating with trusted labor consultants, the firm verifies the formal and substantive correctness of the calculations prepared by the ex-spouse's company. Should discrepancies arise, a formal request for rectification and documentary supplementation is initially made. If the company or the counterparty resists, Avv. Marco Bianucci is prepared to take appropriate legal action, including appeals to the Labor Court or the Divorce Judge, to obtain the production of payslips and a judgment for the payment of the actual amount due. The goal is to relieve the client of the technical burden of verification, ensuring that every euro owed for the years of cohabitation is recognized.

Frequently Asked Questions

How exactly is the ex-spouse's share of TFR calculated?

The calculation is based on 40% of the total net severance pay received, but prorated for the years in which the employment relationship coincided with the marriage. To perform an accurate calculation, it is necessary to know the hiring date, the termination date of the employment, the date of the marriage, and the date of the final legal separation. It is precisely on this prorating that company calculations often err.

What can I do if the ex-spouse's company refuses to provide the data?

The employer is obliged to provide the necessary data for the determination of the right. If the company refuses or provides partial data, legal action can be taken. A lawyer experienced in family law can request a court order for the production of documents pursuant to art. 210 of the Italian Code of Civil Procedure (c.p.c.), compelling the employer to produce official records and calculations.

Am I entitled to TFR if I signed a waiver of the divorce allowance?

No, the fundamental prerequisite for obtaining a share of TFR is entitlement to the divorce allowance. If the divorce allowance was waived during the divorce proceedings or was paid in a lump sum (una tantum), the right to the ex-spouse's share of severance pay is automatically lost.

Is there a deadline by which I must claim my share of TFR?

Yes, the right to a share of TFR is subject to the statute of limitations. Generally, the deadline is five years from the date on which the right can be asserted, i.e., from the date the ex-spouse received the severance pay. It is crucial to act promptly as soon as you become aware of the termination of the ex-spouse's employment to avoid losing the right due to the expiration of the time limit.

Request an Assessment of Your TFR Share

If you suspect that the TFR calculation provided by your ex-spouse's company is incorrect or if you are denied access to the necessary information, it is time to intervene professionally. Avv. Marco Bianucci receives clients at his office in Milan at Via Alberto da Giussano, 26, to analyze your documentation and verify the accuracy of the amounts. Contact Avv. Marco Bianucci today to protect your economic interests and ensure you receive what is rightfully yours by law.