Impact of Marital Nullity on Social Security Rights

When a marriage is declared null and void, whether through a civil judgment or by the endorsement of an ecclesiastical sentence (Sacra Rota), the economic consequences for the spouses are profoundly different from those provided for in the case of divorce. Many clients turn to the firm asking whether, following the annulment of the bond, the right to receive a share of the severance pay or pension funds accumulated by the ex-spouse remains. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci deals with these delicate issues daily, offering clarity in a legal landscape that can appear insidious to those without specific technical training.

The Regulatory Framework: Differences Between Divorce and Nullity

To understand the fate of pension funds, it is essential to distinguish between the dissolution of marriage (divorce) and the declaration of nullity. In the case of divorce, the law provides specific protections for the economically weaker spouse, including the right to a percentage of the severance pay, provided they are entitled to alimony and have not remarried. Conversely, the declaration of nullity establishes that the marital bond never validly existed from the outset. According to prevailing jurisprudence, this retroactive cancellation of the bond eliminates the prerequisites for the attribution of ancillary rights, such as a share of pension funds or severance pay, which presuppose the existence of a valid marital relationship or a post-marital solidarity typical of divorce. However, the institution of putative marriage, governed by articles 128 et seq. of the Civil Code, can introduce important exceptions to protect the spouse acting in good faith.

The Bianucci Law Firm's Approach to Asset Protection

When faced with a nullity procedure or the endorsement of an ecclesiastical sentence, the approach of Avv. Marco Bianucci, a lawyer specializing in matrimonial law, focuses on maximizing the protection of the client's economic position. It is not simply a matter of accepting the sentence, but of strategically analyzing the existence of good faith and the conditions for invoking the effects of putative marriage. The firm carefully assesses whether there are grounds to request compensation for the loss of inheritance and social security rights that would have been due in the event of a valid marriage. The defense strategy is developed by examining every detail of the marital life and the canonical procedure, to ensure that the declaration of nullity does not result in an unjust economic penalty for the weaker party. The goal is to transform a situation of potential disadvantage into a clear and defined path of protection, utilizing every tool offered by the Italian legal system.

Frequently Asked Questions

If my marriage is annulled, am I entitled to my ex-spouse's severance pay?

In general, the declaration of nullity of marriage cancels the bond from the origin and eliminates the right to a share of severance pay, which is instead provided for in the case of divorce. However, specific protections exist if the spouse's good faith is recognized, which must be assessed on a case-by-case basis with an expert lawyer.

What is meant by putative marriage and how does it affect money?

Putative marriage occurs when the marriage was contracted in good faith by at least one of the spouses, even if it is later declared null and void. In this case, the law preserves the effects of the valid marriage until the judgment, allowing the judge to establish economic compensation in favor of the spouse acting in good faith to offset the loss of future rights.

Does an ecclesiastical sentence automatically apply in Italy for pension funds?

No, an ecclesiastical sentence of nullity must be made enforceable in Italy through a procedure called endorsement (delibazione) before the Court of Appeal. During this procedure, it is possible to intervene to assert one's economic and patrimonial claims, opposing unfair conditions.

Can I claim damages if the other spouse caused the nullity?

Yes, article 129 bis of the Civil Code provides that the spouse responsible for the nullity of the marriage must pay the other spouse appropriate compensation, which may also cover maintenance for a certain period. This is an essential way to recover what has been lost in terms of social security expectations.

Request a Case Evaluation in Milan

The economic consequences of a declaration of marital nullity require prompt and competent analysis. If you fear losing your rights to pension funds or wish to understand how to protect your assets, contact Avv. Marco Bianucci for a consultation at the firm's office at via Alberto da Giussano, 26 in Milan. Together, we will evaluate the best strategy to protect your economic future.