Managing Economic Aspects in Marital Crisis

Facing the end of a marriage involves not only significant emotional burden but also the need to reorganize complex patrimonial and economic aspects. Among the issues that generate the most uncertainty is undoubtedly the division of the Severance Pay (TFR) and, increasingly, the management of supplementary pension funds. For residents of the eastern area of the province of Milan, particularly Cologno Monzese and Segrate, finding a solid and competent legal point of reference is fundamental to ensuring their future rights are protected. As an expert lawyer in family law, Avv. Marco Bianucci understands that the liquidation of employment benefits represents an essential component of post-marital economic security.

The Regulatory Framework: TFR and Supplementary Pensions

Italian law, through Article 12-bis of the Divorce Law (Law 898/1970), establishes a principle of post-marital solidarity that also extends to the fruits of labor accrued during the marriage, even if received at a time subsequent to the dissolution of the bond. It is essential to understand that the right to receive a share of the ex-spouse's TFR is not automatic but is subject to specific legal conditions.

The divorced spouse is entitled to a percentage of the severance pay received by the other spouse, provided they are the holder of a divorce alimony and have not remarried. The due share is equal to 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. Regarding pension funds and supplementary pensions, the matter is more complex: case law tends to equate such accruals to TFR if they have the nature of deferred remuneration, thus making them subject to division, but each case requires a specific analysis of the fund's statute and redemption methods.

The Approach of Studio Legale Bianucci

Studio Legale Bianucci, located in Milan at Via Alberto da Giussano 26, represents a point of reference also for those residing in neighboring municipalities such as Cologno Monzese and Segrate, offering targeted strategic advice. The approach of Avv. Marco Bianucci, an expert lawyer in matrimonial law, is distinguished by a preventive and detailed analysis of the parties' patrimonial and employment situation.

We do not limit ourselves to calculating the percentages provided by law. Our intervention aims to:

Verify the existence of all legal requirements for obtaining the share (alimony entitlement, absence of remarriage).

Precisely reconstruct the length of employment in relation to the legal duration of the marriage, correctly including or excluding periods of legal separation depending on the case law applicable to the specific situation.

Negotiate settlement agreements that allow, where possible, for early liquidation or compensation with other assets, avoiding lengthy and costly litigation.

For clients from the eastern area of Milan, we offer a service that combines the convenience of careful and punctual management with the authority of a Milanese firm accustomed to handling complex cases.

Frequently Asked Questions

Am I always entitled to a share of my ex-husband's TFR?

No, the right is not automatic. To be able to claim a share of the TFR, the divorce decree must have been issued, you must be the recipient of periodic divorce alimony, and you must not have remarried. If the divorce alimony was settled in a lump sum (one-time payment), the right to a share of the TFR is lost.

How is the 40% percentage calculated on the TFR?

The calculation is made on the net TFR received by the working spouse. The 40% share does not apply to the entire amount but only to the portion accrued during the years in which the employment relationship coincided with the marriage. The period of legal separation is generally excluded from the calculation of temporal coincidence.

Does the supplementary pension fund fall under the division of assets?

Yes, in most cases. If the pension fund has the nature of deferred remuneration (as is often the case for industry-specific funds), case law tends to apply the same rules as TFR. However, a technical assessment of the specific fund's statute is necessary to determine if and how to proceed with the division.

What happens if my ex-spouse receives the TFR years after the divorce?

The right to the share arises at the moment the TFR is actually received, even if this occurs years after the divorce decree. It is crucial to monitor the ex-spouse's employment situation and act promptly with a request to the Court to obtain the liquidation of the due share.

Request an Assessment of Your Case

The correct division of TFR and pension funds can significantly impact your economic future. If you reside in Cologno Monzese, Segrate, or the Milan area and are going through a divorce, leave nothing to chance. Contact Avv. Marco Bianucci for an in-depth consultation at the office in Via Alberto da Giussano, 26. Together, we will evaluate the best strategy to protect your patrimonial rights.