Managing Pension Funds and Savings in De Facto Partnerships

The end of a de facto relationship (more uxorio) brings with it complex questions, often more intricate than those of a traditional divorce, especially when it comes to financial matters. One of the most frequent concerns regards the fate of savings accumulated during the couple's life together, with particular reference to supplementary pension funds. As a family law attorney practicing in Milan, Avv. Marco Bianucci deeply understands the state of uncertainty that affects those who, after years of shared projects and economic sacrifices, find themselves having to redefine their financial boundaries without the automatic protections provided for marriage.

The Regulatory Framework: Substantial Differences Between Marriage and Cohabitation

In our legal system, the financial protection of a de facto partner is significantly different from that of a spouse. While in divorce the law provides for specific rights, such as the possibility of requesting a share of the severance pay (TFR) or end-of-service indemnity accrued by the other spouse, these automatic provisions do not apply to unmarried couples. Law Cirinnà (L. 76/2016) introduced important recognition for de facto cohabitations but did not extend community property or the right to post-breakup maintenance as occurs in marriage. Consequently, contributions paid into a supplementary pension fund remain, in principle, the exclusive property of the fund holder, even if payments were made using common family resources. However, this does not mean that the partner who contributed financially to the accumulation of these savings is without protection. General legal remedies, such as the action for unjust enrichment, can be invoked if there have been financial transfers without a valid legal cause or that exceed normal family solidarity.

The Approach of Studio Legale Bianucci to Financial Protection

The approach of Avv. Marco Bianucci, an attorney expert in family law in Milan, is based on a meticulous analysis of the financial flows that occurred during the cohabitation. Since there is no presumption of community property, any claim must be supported by solid documentary evidence. Studio Legale Bianucci works to reconstruct the nature of the payments made: it is crucial to distinguish whether the money paid into the partner's pension fund was an act of generosity (a gift), the fulfillment of moral and social duties (natural obligation), or a genuine loan or joint investment. The defense strategy aims to demonstrate, where possible, that these contributions were not intended for mere family consumption but represented an investment for the couple's future, which, upon the dissolution of the shared life project, could generate a right to reimbursement or compensation.

In the absence of a written cohabitation agreement that specifically regulates the division of assets in case of separation, the intervention of a family law attorney becomes crucial to negotiate equitable agreements. The firm's objective is to avoid lengthy legal disputes, favoring out-of-court solutions that recognize the contribution, including financial, provided by the weaker partner to the accumulation of the other's assets, always in compliance with current legislation and the most recent case law of the Milan courts.

Frequently Asked Questions

Does a cohabiting partner have a right to a share of the ex-partner's supplementary pension?

No, unlike what happens in divorce, the law does not provide for an automatic right for a de facto partner to obtain a percentage of the severance pay (TFR) or supplementary pension accrued by the other partner during the cohabitation. Pension savings remain registered to the fund holder, unless different written agreements are made between the parties.

Can I recover the money I paid into my partner's pension fund?

It is possible to attempt to recover the sums through the action for unjust enrichment, provided for by Article 2041 of the Civil Code. However, it will be necessary to prove that these payments did not constitute a donation or the fulfillment of family solidarity duties, but an outlay that unjustly enriched the ex-partner to your detriment. The assessment must be made on a case-by-case basis with an experienced lawyer.

What is the purpose of a cohabitation agreement in this context?

A cohabitation agreement is the most effective tool for preventing future disputes. Through this agreement, the parties can preemptively regulate their financial relations, establishing, for example, that in the event of the cessation of cohabitation, savings accumulated or contributions paid into pension funds must be divided or reimbursed according to specific percentages.

If we have children, does the supplementary pension fall under maintenance?

Directly, no, the supplementary pension is a private accumulation. However, the overall financial capacity of the parents, including savings and investments such as pension funds, is taken into consideration by the judge to determine the amount of the maintenance allowance for the children, in order to ensure they enjoy the same standard of living as during the cohabitation.

Request a Case Evaluation in Milan

The end of a cohabitation brings emotional and financial challenges that should not be faced alone. If you have contributed to your ex-partner's assets or have doubts about the management of joint savings, it is essential to act with awareness. Contact Avv. Marco Bianucci for a preliminary consultation at the office located at via Alberto da Giussano 26. Together, we will evaluate the available documentation and define the most suitable strategy to protect your interests and your financial future.