Asset Management During Marital Crisis

Facing the end of a marriage involves not only significant emotional burden but also the need to reorganize complex economic and asset aspects. One of the most frequent concerns regards the fate of sums earned through one's work, such as severance pay (Trattamento di Fine Rapporto - TFR) and accumulated savings, especially in the period between separation and final divorce. As a divorce lawyer in Milan, Avv. Marco Bianucci understands how crucial it is for his clients to protect the fruits of their professional efforts and ensure a correct distinction between what falls under the legal community property and what, instead, constitutes personal and exclusive assets.

The Legal Framework: TFR and Dissolution of Community Property

Italian law, particularly Article 12-bis of the Divorce Law (Law 898/1970), establishes that the spouse entitled to a divorce alimony, who has not remarried, is entitled to a percentage of the severance pay received by the other spouse, even if the pay accrues after the judgment. This percentage is equal to 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. However, a fundamental point, often a source of litigation, concerns the exact moment when the sharing of asset increases ceases.

It is essential to clarify that the community of property between spouses dissolves at the moment the President of the Court authorizes the spouses to live separately during the presidential hearing of separation. From that moment onwards, any savings accumulated or assets acquired no longer fall under the community property regime. Therefore, savings generated from personal work after that date are the exclusive property of the spouse who produced them and are not subject to division. Demonstrating this temporal distinction is often key to effective asset protection.

The Bianucci Law Firm's Approach to Asset Protection

Avv. Marco Bianucci, an expert lawyer in family law in Milan, adopts an analytical and rigorous method to address economic disputes related to the end of a marriage. The goal is not only to apply the law but to precisely reconstruct the couple's economic history to prevent the client from suffering unjust prejudice. In fact, the opposing party may often attempt to include sums in the calculation of the divisible estate that, legally, should not be part of it.

The firm's strategy is based on a careful documentary analysis aimed at crystallizing the asset situation as of the date of separation. Through collaboration with technical consultants where necessary, Avv. Bianucci works to clearly isolate post-separation financial flows, demonstrating that new savings are unrelated to previous marital dynamics. This approach protects the client from the risk of having to share the fruits of their labor accrued during a period when marital solidarity had already ceased, ensuring an economic restart on solid and certain grounds.

Frequently Asked Questions

Does the ex-spouse always have a right to a share of my TFR?

It is not an automatic right in all circumstances. The ex-spouse is entitled to a share of the TFR only if they are entitled to a divorce alimony (not a one-off payment) and if they have not remarried. If the condition of periodic divorce alimony is missing, no right arises on the TFR payout.

How is the share of TFR due to the ex-spouse calculated?

The share due is 40% of the total severance pay, but calculated only for the years in which the employment relationship coincided with the marriage. The calculation must therefore relate the severance pay to the years of marital cohabitation compared to the total duration of the employment relationship.

Do the savings I put aside after separation have to be divided?

Generally no. With the presidential hearing authorizing separation, the legal community property is dissolved. Savings accumulated after that date, resulting from one's work or personal income, remain the exclusive property and are not subject to division, provided that their formation after the separation can be proven.

What happens if the TFR is paid out before the divorce decree?

If the TFR is received during the separation but before the divorce, the sum becomes part of the working spouse's assets. However, in the divorce proceedings, the judge may take it into account when determining the economic conditions of the parties and any alimony, or order a share of it if the legally established prerequisites have already been met.

Request a Personalized Asset Consultation

Proper management of TFR and savings during separation and divorce phases is crucial to ensure your future economic stability. If you have doubts about asset division or need assistance to protect your assets, contact Avv. Marco Bianucci for an in-depth evaluation of your case. The Bianucci Law Firm awaits you in Milan, at Via Alberto da Giussano, 26, to define the most suitable strategy for your needs.