Managing Supplementary Pensions in Marital Crisis

Facing the definitive dissolution of a marriage involves not only emotional challenges but also financial ones, often underestimated by the parties involved. One of the most complex and technical issues concerns the fate of pension savings accumulated during the marital life, particularly closed or occupational pension funds (negotiated). As an expert family lawyer in Milan, Avv. Marco Bianucci frequently encounters that, while the division of the marital home or maintenance payments are widely discussed topics, the distribution of supplementary pensions is often overlooked or addressed superficially, risking significant economic imbalances between ex-spouses.

A closed pension fund, often linked to the company or professional category of affiliation, represents a form of deferred remuneration that falls squarely within the economic evaluations of a divorce. Understanding the calculation mechanisms and the rights involved is essential to ensure a fair and definitive closure of financial relations, avoiding future disputes.

The Regulatory Framework: Right to a Share of Severance Pay and Pensions

Italian legislation, specifically the Divorce Law (L. 898/1970, art. 12-bis), establishes the principle that a spouse has the right to a percentage of the severance pay received by the other spouse upon termination of employment, even if the severance pay accrues after the divorce decree. According to the most recent case law of the Court of Cassation, this principle also extends to supplementary pension schemes, such as closed pension funds, which are essentially compensatory in nature.

However, this right is neither automatic nor unconditional. To claim a share, the requesting spouse must be entitled to a divorce allowance and must not have remarried. The share due is 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. This is where the matter becomes complex: calculating the correct proportion for pension funds, which have different payout rules than traditional severance pay, requires in-depth technical analysis.

The Approach of Studio Legale Bianucci to Negotiated Funds

At Studio Legale Bianucci, located at via Alberto da Giussano 26, the analysis of pension positions is an integral part of the defense strategy. Avv. Marco Bianucci, thanks to his consolidated experience as a matrimonial lawyer in Milan, adopts a rigorous method for quantifying these sums. Instead of merely requesting a generic percentage, the firm proceeds to analyze the specific pension fund's statutes (e.g., Cometa, Fonte, Fonchim) to understand the redemption and payout procedures.

The firm's strategy focuses on correctly identifying the amount accumulated during the marriage. Often, closed pension funds cannot be immediately liquidated at the time of divorce if the worker is still employed. In such cases, Avv. Marco Bianucci works to crystallize the client's right, obtaining court orders that recognize the entitled share to be paid upon actual retirement or termination of employment, or by negotiating lump-sum (one-off) settlements that allow for the immediate closure of all financial obligations, ensuring immediate liquidity for the client.

Frequently Asked Questions

Am I entitled to my ex-husband's pension fund if I also work?

The right to a share of a pension fund or severance pay presupposes that the requesting spouse has been awarded a divorce allowance. If you are employed and economically self-sufficient, to the extent that you do not receive a divorce allowance, you will not be entitled to a share of your ex-spouse's pension fund, regardless of the amount accumulated.

How exactly is the 40% share calculated?

The calculation is not applied to the entire amount accumulated in the fund, but only to the portion accrued during the years of marriage that coincide with the employment period. If the employment lasted 20 years and the marriage 10, the calculation base will be proportionally reduced, and the 40% will be applied to that base.

Can I request the liquidation of the fund during separation?

No, Article 12-bis of the Divorce Law applies exclusively after the divorce decree has become final. During the separation phase, the pension fund remains the exclusive asset of the holder, although its existence may influence the assessment of overall financial capacity for determining maintenance payments.

What happens if my ex-spouse redeems the fund before the divorce?

If the fund is liquidated before the divorce decree, the sums received become part of the spouse's assets. If there is suspicion that these sums are being concealed to avoid future division or to alter financial capacity, Avv. Marco Bianucci can intervene with targeted asset investigations to protect the client's rights in determining the allowance.

Request an Assessment of Your Situation

The division of pension funds and family assets requires technical expertise and strategic vision. If you are going through a divorce and want to ensure that every financial aspect, including supplementary pensions, is handled with the utmost professionalism, contact Studio Legale Bianucci. Avv. Marco Bianucci receives clients at the Milan office at Via Alberto da Giussano, 26, to analyze your case and define the best course of action to protect your financial future.