The Complexity of Severance Pay for Self-Employed Workers in Divorce Proceedings

When facing a divorce, the division of assets accumulated during the marriage is one of the most delicate aspects. While for employed workers the regulations on Severance Pay (TFR) are clear and established, the situation becomes more complex when one of the parties is a freelancer or a self-employed worker. Questions often arise as to whether there are sums comparable to TFR and whether the ex-spouse is entitled to a share. As an expert family law attorney in Milan, Avv. Marco Bianucci frequently meets clients who need clarification on these less-known but economically significant financial aspects.

The Regulatory Framework: Severance Pay Equivalent to TFR

Article 12-bis of the Divorce Law (L. 898/1970) establishes the right of the spouse receiving alimony, and who has not remarried, to obtain a percentage of the severance pay received by the other spouse, even if it accrues after the divorce decree. Although the law explicitly refers to severance pay, jurisprudence has progressively extended this right to other forms of accruals or indemnities that have a similar nature, namely deferred salary or pension savings accumulated during the years of work. For freelancers, sales agents, or collaborators, there are forms of termination of employment compensation or funds accrued with professional pension funds that may be subject to an economic claim by the ex-spouse.

The Approach of the Bianucci Law Firm in Milan

Avv. Marco Bianucci, operating as an expert in matrimonial law in Milan, adopts a rigorous analytical approach in these cases. As there is no automatic mechanism identical to that of subordinate employment, each situation must be assessed individually. The Bianucci Law Firm first proceeds with the precise identification of the nature of the sums accrued by the professional (for example, supplementary client indemnity for agents or specific pension funds). Subsequently, it assesses whether these sums have met the requirements to be considered equivalent indemnities under the divorce law. The goal is to ensure that the client obtains a fair distribution in line with the most recent rulings of the Court of Cassation, avoiding both the renunciation of legitimate rights and unfounded claims that could prolong litigation.

Frequently Asked Questions

Do freelancers have TFR like employees?

No, freelancers do not accrue TFR (Severance Pay) in the strict sense, which is a typical institution of subordinate employment. However, many categories, such as sales agents or those registered with specific professional pension funds, accrue end-of-mandate indemnities or sums accrued for pension purposes that have a similar economic function and can be subject to evaluation in divorce proceedings.

Is the ex-spouse always entitled to a share of these indemnities?

The right is not automatic simply by virtue of having been married. To be able to claim a share of the indemnity (generally 40% related to the years in which the employment relationship coincided with the marriage), the ex-spouse must be receiving a divorce alimony and must not have remarried. Furthermore, the indemnity must have been received by the other spouse upon termination of the employment relationship.

How is the ex-spouse's share calculated for a self-employed worker?

The calculation can be more complex than for employed work. Once the nature of "equivalent indemnity" of the sums received by the professional has been ascertained, the criterion of 40% of the total indemnity is usually applied, referring to the years of marriage that coincided with the professional activity. The involvement of an expert family law attorney is crucial for correctly determining the taxable base and the relevant years.

Request a Case Evaluation

If you are facing a divorce involving self-employment or freelance positions, it is essential to fully understand your financial rights. Avv. Marco Bianucci is available to analyze your specific situation with expertise and discretion. Contact the firm at via Alberto da Giussano 26 in Milan for an in-depth consultation and to define the most suitable strategy for protecting your economic interests.