The Right to a Share of Severance Pay and Protection Against Concealment Attempts

Managing financial matters during a separation or divorce often represents the moment of greatest tension between parties, especially when there is a suspicion that one spouse is attempting to hide assets from fair division. In particular, severance pay (TFR) and supplementary pension funds are assets that, due to their deferred or accrued nature, are more easily susceptible to evasive maneuvers or concealment attempts. Understanding your rights is the first fundamental step: Italian law, through Article 12-bis of the Divorce Law, clearly establishes the right of the spouse entitled to a divorce alimony to receive a percentage of the other spouse's severance pay, even if it accrues after the judgment. However, complexity increases when these sums are paid out in advance or diverted into complex financial instruments to make them invisible to the judge or the opposing party.

As an expert lawyer in family law in Milan, Avv. Marco Bianucci frequently observes situations where financial transparency is lacking. The legislator has provided specific protections, but their application requires in-depth knowledge of procedural and investigative dynamics. It is not enough, in fact, to simply request what is owed; it is often necessary to prove the very existence of the sums or their fraudulent disposal. The right to a 40% share of the severance pay accrued during the years of marriage is an inalienable right that must be firmly protected, preventing domestic 'financial engineering' strategies from depriving the weaker spouse of the resources legally due to them.

The Bianucci Law Firm's Approach: Financial Investigations and Disclosure Orders

The Bianucci Law Firm's approach is distinguished by a proactive and investigative strategy, aimed at reconstructing the debtor spouse's actual financial situation. When dealing with suspected concealment of severance pay or pension funds, Avv. Marco Bianucci does not limit himself to relying solely on filed tax returns, which may not reflect the complete or updated picture. The defense strategy involves the targeted use of incisive procedural tools, such as requests for access to the Tax Registry and financial records, which allows for the uncovering of bank accounts, securities portfolios, and pension positions that would otherwise not be declared.

In the context of the Milan court, the experience gained allows the firm to act quickly in requesting judicial orders for disclosure pursuant to art. 210 c.p.c. from employers or credit and insurance institutions. This step is crucial for obtaining official documentation regarding any advance payments of severance pay instrumentally requested before the divorce or contributions to supplementary pension funds used as a hidden 'safe.' The objective of Avv. Marco Bianucci is to transform the client's suspicion into documentary evidence, ensuring that the calculation of financial entitlements is based on real and complete data, not on appearances artfully constructed to evade post-marital solidarity duties.

Frequently Asked Questions

When exactly is the ex-spouse entitled to a share of severance pay?

The right to a share of severance pay arises only if the ex-spouse is entitled to periodic divorce alimony and has not remarried. The law provides for 40% of the total indemnity attributable to the years in which the employment relationship coincided with the marriage. It is important to emphasize that this calculation also includes the period of legal separation up to the divorce judgment, a technical detail that is often overlooked but can significantly impact the final amount.

What happens if the severance pay was collected before the divorce decree?

This is a frequent and insidious scenario. If the spouse collected the severance pay before the final judgment to hide it from division, legal action can be taken to prove fraudulent conduct. As an expert lawyer in family law, Avv. Marco Bianucci works to prove that these sums were part of the common assets at the time the right accrued, requesting that they be fictitiously included in the calculation or that other assets be seized to compensate for the damage suffered.

How can undeclared pension funds be discovered in a tax return?

Pension funds or life insurance policies with a financial component often do not appear immediately evident in standard tax returns if they have not been redeemed. To identify them, in-depth financial investigations are necessary, including the analysis of outgoing bank flows (transfers to insurance companies or fund managers) and the use of presidential authorizations for access to the Italian Revenue Agency's databases, tools that allow for mapping the destination of the spouse's savings.

Is it possible to block the payment of severance pay if legal proceedings are ongoing?

Yes, under certain circumstances, it is possible to request a precautionary seizure order from the Court or an order to the employer not to pay the full amount to the employee. This precautionary measure serves to ensure that the ex-spouse's share is not dissipated before the judge can quantify and assign it definitively, thus protecting the accruing credit from possible deceptive actions.

Protect Your Financial Rights with Avv. Marco Bianucci

If you fear that your ex-spouse is hiding severance pay or other pension funds to avoid paying you what is owed, it is essential to act promptly and with technical expertise. Avv. Marco Bianucci, thanks to his consolidated experience in family law in Milan, is ready to analyze your financial situation and deploy the necessary investigative tools to bring the truth to light. We invite you to contact the Bianucci Law Firm for an in-depth evaluation of your case. We receive by appointment at our Milan office at Via Alberto da Giussano, 26, where we will define together the most effective strategy to protect your financial future.