The Complexity of Cross-Border Estates in Marital Crisis

The end of a marriage always involves delicate financial matters, but the situation becomes particularly complex when financial assets are not located in Italy. In recent years, in an international city like Milan, it is increasingly common for one spouse to have accumulated pension rights or pension funds abroad, for example in Switzerland (the so-called second pillar), Luxembourg, or the United Kingdom. As a divorce lawyer practicing in Milan, Avv. Marco Bianucci understands that the correct identification and division of these sums is crucial to ensure post-marital economic fairness. It is not just a matter of applying Italian law, but of navigating international regulations to ensure that no rights are lost in the transition between different jurisdictions.

The Regulatory Framework: Italian Severance Pay and Foreign Funds

In Italy, Article 12-bis of the Divorce Law establishes the right of the spouse entitled to a divorce allowance to a percentage of the severance pay (TFR) received by the other spouse, even if accrued after the divorce decree, for the years in which the employment relationship coincided with the marriage. However, when it comes to international pension funds, the automatic application of this rule is not a given. The legal nature of a Swiss pension fund or a Luxembourg savings plan can differ substantially from Italian severance pay. Often, these funds have a hybrid nature, both for pensions and insurance, which requires in-depth analysis to determine if and to what extent they fall within the marital community of property or are subject to division claims. It is essential to establish which law applies to the spouses' matrimonial property regime, often referring to European regulations or international conventions.

The Bianucci Law Firm's Approach to International Cases

Avv. Marco Bianucci, an expert lawyer in family law in Milan, handles these cases with a rigorous method that begins with a technical analysis of foreign documentation. We do not limit ourselves to requesting a generic division, but identify the exact nature of the fund according to the law of the country of origin. The firm's strategy often involves collaboration with local correspondents in the countries concerned to verify the liquidity of the sums and the international transfer procedures. The goal is to transform a theoretical right into concrete liquidation. Whether it involves negotiating a settlement agreement that compensates for the value of the foreign fund with other assets in Italy, or taking legal action for the recognition of the Italian judgment abroad, Avv. Marco Bianucci works to protect the client's assets from restrictive interpretations or attempts to conceal assets across borders.

Frequently Asked Questions

Am I entitled to a share of my ex-husband's Swiss pension?

Yes, in principle, funds accumulated during the marriage in the Swiss pension system (particularly the second pillar or LPP) are subject to division in case of divorce. However, the procedure to obtain the transfer of the share to Italy or to a blocked account requires specific steps and coordination between the Italian judge's ruling and the Swiss pension institution.

How is the share of foreign funds calculated?

The calculation is not always as straightforward as for Italian severance pay (40% related to the years of marriage). For foreign funds, much depends on the law applicable to the divorce and the nature of the fund itself. If Italian law applies, the criterion of equity or marital community of property is generally used, but it is necessary to quantify exactly how much was accrued during the marital cohabitation, excluding periods before or after.

What happens if my ex-spouse does not declare the funds held abroad?

Concealment of assets is a serious offense. Through targeted asset investigations and the use of international judicial cooperation tools, it is possible to trace undeclared pension accounts. A lawyer experienced in family law knows how to initiate procedures for access to records, even from foreign institutions, ensuring that the division of assets is based on a truthful and complete financial picture.

Request an assessment of your financial situation

Managing divorces with international elements requires technical expertise and strategic vision. If your case involves pension funds or assets located abroad, do not let bureaucratic complexity compromise your economic rights. Contact Avv. Marco Bianucci at the firm's office at Via Alberto da Giussano 26 in Milan to examine your situation. Together, we will define the most effective path to obtain recognition of your share and ensure your future peace of mind.