When a sales agent faces the end of their marriage, one of the most complex and often underestimated concerns revolves around the fate of the indemnities linked to their professional activity. The question of whether the ex-spouse is entitled to a share of the FIRR (Fondo Indennità Risoluzione Rapporto - Termination of Employment Indemnity Fund) or other termination indemnities is a source of numerous disputes. As a divorce lawyer practicing in Milan, Avv. Marco Bianucci deeply understands how the fruits of years of work and client portfolio building represent a value to be protected or to be divided equitably according to justice.

Legislation: Severance Pay and Sales Agents' Indemnities in Divorce

Article 12-bis of the Divorce Law (Law 898/1970) establishes that the spouse receiving a divorce alimony who has not remarried is entitled to a percentage of the severance pay (TFR) received by the other spouse upon termination of the employment relationship, even if this occurs after the divorce decree. Although the law explicitly refers to subordinate employment, established case law has extended this principle to quasi-subordinate figures and sales agents. Sums received as FIRR and supplementary client indemnities are often considered similar to severance pay, as they constitute a form of deferred remuneration accrued during the relationship.

However, the application is neither automatic nor straightforward for every item that makes up the agent's settlement. It is crucial to distinguish between sums that are of a (deferred) remuneration nature and those that are purely compensatory or indemnity for lack of notice. The calculation of the share due to the ex-spouse, generally set at 40% of the total indemnity attributable to the years in which the employment relationship coincided with the marriage, requires precise technical analysis of the items that make up the agent's final settlement.

The Approach of Studio Legale Bianucci in Milan

Avv. Marco Bianucci, an expert family law lawyer in Milan, handles these cases with an analytical and strategic approach, aimed at protecting the client's position, whether they are the agent who must pay the sum or the spouse who is entitled to it. The firm's strategy is based on a detailed examination of the relevant Collective Economic Agreements (AEC) and the specific nature of the sums paid. Not all indemnities received by the agent are, in fact, automatically subject to division.

When handling the position of a sales agent or their ex-spouse, the firm rigorously verifies the existence of the legal prerequisites: entitlement to divorce alimony, absence of remarriage, and the timing of the indemnity accrual. The objective of Avv. Marco Bianucci is to ensure that the calculation of the share (the famous 40%) is applied exclusively to the portion of net indemnity accrued during the marriage, excluding irrelevant periods or non-computable items. This level of detail is essential to avoid unjustified disbursements or, conversely, to ensure the recovery of what is legitimately owed.

Frequently Asked Questions

Is the ex-spouse always entitled to a share of the agent's FIRR?

No, the right is not automatic. For the ex-spouse to claim a share of the FIRR or termination indemnities, they must be entitled to divorce alimony (which was not settled in a lump sum) and must not have remarried. Furthermore, the indemnity must have accrued, at least in part, during the years of the marriage.

How is the ex-spouse's share calculated?

The law provides that the share is equal to 40% of the total indemnity received, but only referring to the years in which the agency relationship coincided with the marriage. The calculation is not made on the entire sum paid by the principal company but must be proportional to the duration of the marriage compared to the total duration of the agency relationship.

What happens if the agent receives the indemnity years after the divorce?

If the entitlement to divorce alimony exists and the ex-spouse has not remarried, the right to a share of the indemnity persists even if it is received years after the divorce decree. However, the share will always be calculated solely in relation to the years of coincidence between the marriage and the work activity, excluding the period after legal separation or divorce, depending on the case law applicable to the specific case.

Does merit-based indemnity fall within the calculation of the ex-spouse's share?

This is a debated issue and depends on the specific nature attributed to this item in the contract and the Collective Economic Agreements. Generally, if the indemnity is of a deferred remuneration nature, it is included in the calculation. If it is purely compensatory or performance-based, unrelated to time accrual, it may be excluded. A specific evaluation of the agency contract by an expert is necessary.

Request an Evaluation of Your Case in Milan

Financial matters related to the dissolution of marriage require expertise and precision, especially when they involve complex professional figures such as sales agents. If you need clarity on the calculation of due shares or on the defense of your professional assets, Avv. Marco Bianucci is at your disposal. Studio Legale Bianucci is located in Milan at Via Alberto da Giussano, 26, to analyze your specific situation and define the most appropriate strategy.