The Right to a Share of Severance Pay in Divorce

Facing the ex-spouse's refusal to pay the legally due share of Severance Pay (Trattamento di Fine Rapporto - TFR) represents a situation of serious economic injustice and personal frustration. Often, those who turn to a divorce lawyer do so because, despite the divorce decree clearly recognizing their economic rights, the other party voluntarily omits the due payment. As an experienced family law attorney in Milan, Avv. Marco Bianucci understands that the non-recognition of this sum is not just an accounting matter, but a failure to respect a right accrued through years of contribution to family life.

Italian legislation, specifically Article 12-bis of the Divorce Law (Law 898/1970), unequivocally establishes that a divorced spouse is entitled to a percentage of the severance pay received by the other spouse, even if it accrues after the decree. This right arises provided that the claimant is entitled to a divorce allowance and has not remarried. The share due is 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. It is crucial to understand that this is an enforceable claim and, if not honored voluntarily, requires prompt and decisive legal action to prevent the dissipation of the debtor's assets.

The Bianucci Law Firm's Approach to Debt Recovery

When dialogue breaks down and the ex-spouse improperly withholds sums that do not entirely belong to them, it is necessary to act firmly. The approach of Avv. Marco Bianucci, an experienced family law and debt recovery attorney in Milan, is distinguished by its practicality and speed of action. The strategy usually begins with a formal notice to perform, an act necessary to put the debtor in default and interrupt any statute of limitations, while simultaneously signaling the firm intention to proceed judicially.

Should the out-of-court phase not yield the desired result, the Bianucci Law Firm immediately initiates enforcement proceedings. Thanks to extensive experience in civil procedures, Avv. Marco Bianucci assesses the most appropriate tool between attachment against third parties (blocking bank accounts or debts that the ex-spouse has towards others) or attachment of movable and immovable property. A crucial aspect of this approach is the preliminary asset investigation: before acting, it is essential to identify where the ex-spouse has hidden the received liquidity, to strike precisely and ensure the satisfaction of the client's claim.

Frequently Asked Questions

When exactly does the right to a share of severance pay accrue?

The right to a share of severance pay accrues at the moment the ex-spouse ceases their employment and receives the indemnity, provided that the divorce decree has already become final. If the severance pay is paid before the divorce decree, the matter is usually addressed within the economic conditions of the divorce itself. It is essential that the claimant is entitled to a periodic divorce allowance and has not remarried.

What can I do if I don't know if my ex has received their severance pay?

This is a common problem that an experienced family law attorney regularly handles. If you suspect that your ex-spouse has terminated their employment relationship and failed to disclose the receipt of severance pay, you can file a request with the Court to order the employer or the Revenue Agency to produce the necessary documentation. The Bianucci Law Firm assists its clients also in this phase of establishing the procedural truth.

How is the 40% due to the ex-spouse calculated?

The calculation is not applied to the entire amount of severance pay, but only to the portion attributable to the years in which the employment relationship coincided with the marriage. The total indemnity is calculated, divided by the years of employment to obtain the annual share, multiplied by the years of marriage (up to legal separation or divorce, depending on the most recent jurisprudential trends and the specifics of the case), and 40% is applied to this amount. It is a calculation that requires precision to avoid disputes.

What happens if my ex spends all the severance pay before I can take action?

The risk of asset dissipation is real, which is why promptness is crucial. If the ex-spouse has squandered the liquidity, the claim remains valid and enforceable. In such cases, Avv. Marco Bianucci assesses the seizure of other assets of the debtor, such as real estate, vehicles, or the attachment of a portion of their salary from a new job or pension, through the appropriate enforcement actions provided by the civil procedure code.

Request a Case Evaluation

If your ex-spouse has received severance pay and refuses to grant you the share established by law, do not wait any longer. Time is a determining factor for the success of debt recovery. Contact Avv. Marco Bianucci for an evaluation of your case at his Milan office. We will analyze your documentary situation and plan the most effective strategy to protect your economic rights.