The Definitive Closure of Economic Relations in Divorce

Facing the end of a marriage requires reorganizing not only one's personal life but also one's financial situation. One of the most delicate issues concerns the management of the divorce allowance and entitlement to a share of the ex-spouse's Severance Pay (TFR). Many clients turn to our firm with the desire to sever all future economic ties, avoiding monthly payments that psychologically prolong the bond with the ex-partner. As a divorce lawyer practicing in Milan, I fully understand the need to achieve immediate and definitive settlement.

Italian law provides for the possibility of resolving financial obligations through a single payment, known as an assegno una tantum (lump-sum payment). This option allows for the capitalization of the maintenance allowance and often includes, through a settlement agreement, a share of the Severance Pay accrued or to be accrued, guaranteeing an immediate lump sum and the definitive closure of all future claims.

The Regulatory Framework: Lump-Sum Payment and Severance Pay

Article 5 of the Divorce Law (Law 898/1970) stipulates that spouses may agree to the payment of the divorce allowance in a single installment, subject to the Court's assessment of its adequacy. This payment method has a fundamental preclusive effect: once the lump-sum payment is accepted, the beneficiary spouse can no longer make any future economic claims, even in the event of a deterioration of their financial circumstances.

A crucial aspect concerns Severance Pay. Normally, a divorced spouse receiving periodic payments is entitled to a share (40%) of the ex-spouse's Severance Pay, corresponding to the years when the employment relationship coincided with the marriage. However, in the context of a negotiation for a lump-sum settlement, it is common practice to include an estimated advance of this share in the calculation of the final sum. This approach transforms a future and uncertain right into immediate liquidity, offering certainty to both parties.

Studio Legale Bianucci's Approach to Lump-Sum Settlements

The choice between monthly payments and a lump-sum settlement is not merely a matter of preference but a complex economic and fiscal calculation. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a rigorous analysis of the specific advantages and disadvantages for the client.

At the firm located in Via Alberto da Giussano, each case is handled with a personalized strategy that includes:

Firstly, a precise actuarial calculation is performed. It is not enough to multiply the monthly allowance by an arbitrary number of years; it is necessary to consider life expectancy, monetary devaluation, and, above all, the present value of the accrued Severance Pay. This allows for the determination of a fair sum that protects the client's assets.

Secondly, the tax implications are carefully evaluated. While periodic payments are deductible for the payer and taxable for the recipient, the lump-sum payment is not deductible for the payer but is entirely tax-free for the recipient. This distinction is fundamental in the assisted negotiation proceedings conducted by Avv. Marco Bianucci, where it is often possible to find a mutually beneficial agreement by leveraging tax considerations.

Finally, the objective is to draft a watertight agreement. The lump-sum settlement must be formalized impeccably to ensure that, once the sum is received, there are no further legal repercussions or subsequent claims related to Severance Pay or inheritance.

Frequently Asked Questions

If I accept the lump-sum payment, am I still entitled to my ex-spouse's Severance Pay?

Generally no. The acceptance of a lump-sum payment, if the agreement is well-drafted, has a definitive effect on all economic claims, including the share of Severance Pay and inheritance rights. It is essential that the agreement clearly specifies that the sum also covers these items.

How is the amount of the lump-sum settlement calculated?

There is no mathematical formula mandated by law, but calculations are based on jurisprudential and actuarial parameters. Factors considered include the beneficiary's age, the amount of any theoretical monthly allowance, the duration of the marriage, and the amount of Severance Pay accrued up to that point. It is a complex negotiation that requires expert assistance.

Is the lump-sum payment taxed?

No, for the recipient, the lump-sum payment does not constitute taxable income and therefore does not need to be declared to the tax authorities. However, the payer cannot deduct it from their taxes, unlike periodic monthly maintenance payments.

Can I request a lump-sum settlement if there is already a divorce decree with monthly payments?

Yes, the parties can always subsequently agree to convert periodic payments into a lump-sum settlement through a divorce condition review procedure or assisted negotiation, provided there is mutual consent.

Consultation for Divorce Agreements in Milan

A lump-sum settlement represents a strategic opportunity to definitively close the chapter of marriage with financial peace of mind. However, the risks of incorrect calculation or a poorly formulated agreement are high. If you wish to evaluate the possibility of requesting or proposing a lump-sum payment that includes a share of Severance Pay, rely on the expertise of Avv. Marco Bianucci.

Contact Studio Legale Bianucci for a preliminary assessment of your case and to define the best negotiation strategy.