The End of Cohabitation and the Issue of Joint Savings

When a relationship ends, managing financial aspects often represents the most critical and painful phase. For married couples, the law provides clear protective mechanisms, including the possibility of obtaining a share of the ex-spouse's Severance Pay (Trattamento di Fine Rapporto - TFR). However, the situation changes radically for unmarried couples. As a family lawyer in Milan, I frequently meet individuals who, after years of living together and shared sacrifices, find themselves without automatic protection for the savings accumulated during the relationship.

Many cohabiting partners mistakenly believe that the stability of the relationship or the presence of children equates their union to marriage, even in financial terms. Unfortunately, the legal reality is different and requires a specific legal strategy to prevent one partner from suffering an unfair financial prejudice at the end of the cohabitation.

The Regulatory Framework: Why Cohabiting Partners Are Not Entitled to TFR

In Italy, the right to receive a share of the ex-spouse's TFR is established by art. 12-bis of the Divorce Law (Law 898/1970), provided that the applicant has not remarried and is entitled to a divorce alimony. This provision, however, has not been extended to unmarried couples, not even after the introduction of the Cirinnà Law (Law 76/2016). Consequently, in the absence of marriage, the cohabiting partner has no automatic legal right to claim a portion of the other's severance pay or pension funds, even if the cohabitation has lasted for decades.

This legislative gap creates situations of significant imbalance, especially when one partner has given up their career to dedicate themselves to the family, allowing the other to focus on work and accumulate assets and retirement savings. Despite the lack of a specific provision on TFR, the legal system offers other tools to rebalance financial relationships, which must be activated with expertise.

Protective Tools: From Cohabitation Agreements to Unjustified Enrichment

To protect one's interests, it is crucial to act with awareness. The primary approach is prevention through cohabitation agreements. These agreements allow for the regulation of financial relationships during the couple's life together and, to some extent, the consequences of a breakup. While future rights like TFR in the strict sense cannot be directly disposed of, it is possible to provide for compensatory financial obligations in case of relationship termination.

If the cohabitation has already ended without prior agreements, the defense strategy shifts to general civil law. As a lawyer experienced in family law, I often assess actions for unjustified enrichment. If a partner has significantly contributed to the household (even with domestic work or household expenses), allowing the other to save and accumulate wealth (such as TFR), it is possible to claim compensation for the impoverishment suffered in exchange for the other's enrichment, provided this transfer of assets is without just cause.

Studio Legale Bianucci's Approach to Protecting Cohabiting Partners

The approach of Avv. Marco Bianucci, an experienced family lawyer in Milan, is based on a rigorous analysis of the couple's financial flows. We do not merely note the absence of the right to TFR, but reconstruct the entire financial history of the cohabitation to identify the prerequisites for fair compensation or settlement.

In our office at via Alberto da Giussano, each case is handled with a personalized strategy. If the couple is still together, we work on drafting solid cohabitation agreements that prevent future disputes. If the breakup has already occurred, we analyze whether there are grounds to take legal action to recover sums invested in the shared life project, or to defend the client from unfounded financial claims by the ex-partner. The goal is to transform a situation of regulatory disadvantage into a path of effective protection, using every leverage offered by the civil code.

Frequently Asked Questions

I lived with my partner for 20 years, am I entitled to a share of his severance pay?

No, Italian law provides for a share of TFR only for divorced spouses entitled to alimony. Cohabitation, even if long-lasting, does not automatically generate this right. However, it is possible to assess whether there are grounds to claim compensation based on unjustified enrichment if your contribution enabled your partner to accumulate such wealth.

Can we decide in advance how to divide savings in case of separation?

Absolutely yes. Entering into a cohabitation agreement is the most effective tool. Through this agreement, drafted with the assistance of a family law expert, the parties can regulate their financial relationships and provide for mutual financial protections in case of cohabitation termination.

What happens to supplementary pension funds if we are not married?

Similar to TFR, pension funds are registered to the individual worker and do not fall under community property (which does not automatically apply to unmarried couples) nor are they subject to automatic division. In this case too, protection must be sought through private agreements or civil actions for compensation for contributions made to the common well-being.

If we have children together, does that change anything for the division of assets?

The presence of children imposes specific obligations for child support, but it does not alter the rules on the division of assets or TFR between unmarried parents. Children's rights are protected regardless of marriage, but this does not create a right for the cohabiting parent to receive shares of the other's assets, except as necessary for the maintenance of the children themselves.

Request a Legal Consultation in Milan

Managing the end of a cohabitation requires technical expertise and strategic vision, especially when years of savings and sacrifices are at stake. If you find yourself in this situation and wish to understand your real options, contact Avv. Marco Bianucci for an assessment of your case.

Studio Legale Bianucci awaits you in Milan, at via Alberto da Giussano 26, to define together the best path to protect your financial future.