Reversibility Pension and Divorce

The end of a marriage does not always sever all economic ties between ex-spouses, especially in the face of complex events such as the death of one of them. Understanding whether one is entitled to the reversibility pension of the deceased spouse from whom one is divorced is a delicate matter, intertwining emotional aspects and concrete economic needs. This situation requires clarity and precise knowledge of the regulations to assert one's rights. As an expert family law attorney in Milan, lawyer Marco Bianucci handles these cases with the aim of ensuring the correct legal protection, providing clear analysis and strategic support during a particularly vulnerable time.

Fundamental Requirements for the Right to Reversibility

Italian law (specifically Law no. 898/1970, the so-called 'Divorce Law') establishes precise conditions that the surviving ex-spouse must meet to benefit, in whole or in part, from the reversibility pension. This is not an automatic right but is subject to the simultaneous presence of specific requirements demonstrating the persistence of an economic tie and a support function. The absence of even one of these prerequisites precludes access to the pension benefit. Therefore, a careful and documented verification of each point is essential to proceed with the claim.

Indispensable Conditions for the Ex-Spouse

To apply for a reversibility pension, the ex-spouse must prove they possess three essential requirements. First, they must be entitled to a divorce allowance recognized by the court at the time of the ex-spouse's death. This is the key element attesting to economic dependence. Second, they must not have remarried. Remarriage, in fact, extinguishes the right to reversibility. Third, the employment relationship from which the pension benefit derives must have commenced before the divorce decree. These three pillars form the basis for every evaluation and subsequent legal action.

Distribution of the Pension Between Ex-Spouse and Surviving Spouse

One of the most complex situations arises when the deceased ex-spouse had remarried. In this case, the right to reversibility does not cease for the first spouse, but the pension must be divided between the latter and the surviving spouse. The law does not establish fixed shares but entrusts the court with deciding the division based on equitable criteria. The main factors considered are the duration of each marriage, the economic conditions of both claimants, and the amount of the divorce allowance received by the ex-spouse. The judge's goal is to balance the needs of both parties deserving protection.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert family law attorney in Milan, is based on a meticulous and personalized analysis of each case. The first step involves a thorough verification of the existence of all legal requirements, gathering necessary documentation, such as the divorce decree and documents related to the allowance. Subsequently, the application is submitted to the pension institution (INPS or other funds). In cases of co-existence with a surviving spouse, the firm works to protect its client's interests, negotiating an equitable distribution or, if necessary, initiating legal action to obtain a fair share of the pension, based on criteria established by consolidated jurisprudence.

Frequently Asked Questions

How much time do I have to claim the reversibility pension?

The right to a reversibility pension, like other pension benefits, is subject to a statute of limitations. Generally, the period is ten years from the ex-spouse's death. However, it is strongly recommended to act as promptly as possible to avoid bureaucratic complications and to start receiving the due amounts as soon as possible, which are effective from the first day of the month following the death.

If I received a very low divorce allowance, am I still entitled to the pension?

Yes, the right is not linked to the amount of the divorce allowance, but to the entitlement to it. Even a modest allowance is sufficient to meet the legal requirement. However, the amount of the allowance will become a relevant factor in the pension distribution if there is also a surviving spouse, as the judge will take it into account when determining the respective shares.

What happens if my ex-spouse died before retiring?

In this case, it is not a reversibility pension but an 'indirect pension.' If the deceased ex-spouse had accrued the minimum contribution requirements provided by law (generally 15 years of insurance and contribution seniority, or 5 years of which at least 3 in the last five years), the divorced ex-spouse entitled to an allowance may be entitled to this benefit, provided that the other requirements are met.

Request an Assessment of Your Case

Handling the procedures for recognizing the reversibility pension requires expertise and precision. If you believe you are entitled to this benefit and wish to have a clear and professional assessment of your situation, you can contact the Bianucci Law Firm. Lawyer Marco Bianucci will provide a detailed analysis of the requirements and assist you at every stage of the process to protect your economic rights. The firm is located in Milan, at Via Alberto da Giussano, 26.