Dealing with the end of a marriage involves managing complex financial matters that go far beyond a simple physical separation. One of the most frequent questions clients ask lawyer Marco Bianucci concerns the relationship between two fundamental institutions: the share of Severance Pay (TFR) and the divorce alimony. Understanding whether these two economic benefits can coexist or if one excludes the other is essential for planning one's financial future. As a divorce lawyer in Milan, lawyer Marco Bianucci analyzes daily how case law, and particularly that of the Court of Milan, interprets the interaction between these rights, offering clarity in an often intricate regulatory landscape.

The Regulatory Framework: TFR and Divorce Alimony

To understand if the TFR share and divorce alimony are cumulative, it is first necessary to distinguish the legal nature of the two institutions. Article 12-bis of the Divorce Law (Law 898/1970) establishes that a divorced spouse, if not remarried and entitled to divorce alimony, has the right to a percentage of the severance pay received by the other spouse, even if it accrues after the divorce decree. This share corresponds to 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage.

On the other hand, divorce alimony has an assistive, compensatory, and redistributive function, aimed at recognizing the contribution made by the economically weaker spouse to the formation of the family and personal assets of the other. Case law of the Supreme Court has clarified that the two institutions have different prerequisites: the right to the TFR share arises as recognition of the support given to the ex-spouse's career during the marriage, while divorce alimony addresses current economic rebalancing needs. Therefore, in theory, the two benefits are cumulative. However, the Court of Milan often adopts a pragmatic approach: receiving a substantial sum as a TFR share could alter the beneficiary's economic conditions, affecting the quantification or, in extreme cases, the persistence of the right to monthly divorce alimony.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a rigorous and personalized analysis of each individual financial situation. There is no standardized solution, as each marital history presents unique variables. When it comes to managing the request for the TFR share concurrently with divorce alimony, the Bianucci Law Firm conducts a preliminary strategic assessment.

The goal is to demonstrate, with calculations, that the recognition of the TFR share does not eliminate the need for divorce alimony, provided that an economic gap or a compensatory need persists. Lawyer Marco Bianucci works to highlight how the TFR share represents an independent right accrued in the past, while alimony looks at present and future needs. Thanks to a deep understanding of the trends of Milanese judges, the firm can anticipate potential objections from the opposing party, building solid defenses aimed at fully protecting the client's economic rights, preventing the attainment of one benefit from being used instrumentally to nullify another.

Frequently Asked Questions

Am I always entitled to a share of my ex-spouse's TFR?

No, the right is not automatic for everyone. To obtain the 40% share of the ex-spouse's TFR, three fundamental requirements must be met: the divorce decree must have already been issued, you must be entitled to periodic divorce alimony, and you must not have remarried. If even one of these conditions is missing, the request cannot be granted.

Can receiving TFR reduce my divorce alimony?

It is a concrete possibility that must be evaluated on a case-by-case basis. Although the two institutions are legally distinct, receiving a very large sum as TFR could improve your economic situation to the point of prompting the ex-spouse to request a downward revision of the divorce alimony. An experienced family law attorney will be able to advise you on the best strategy to protect your overall economic stability.

How exactly is the TFR share calculated?

The law provides for 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. The calculation is not based on the total duration of employment, but only on the period of overlap between work and marriage (up to the separation or divorce decree, according to the most recent case law which tends to stop at the cessation of cohabitation). It is crucial to perform an accurate calculation to avoid disputes.

What happens if my ex received the TFR before the divorce?

If the TFR was received during the marriage or during legal separation but before the divorce, the matter becomes more complex. Generally, sums that entered the family assets and were consumed for common needs are no longer recoverable. However, if the sums were set aside or misappropriated, lawyer Marco Bianucci can evaluate specific actions to recover what is owed in the determination of the divorce financial arrangements.

Qualified Legal Assistance in Milan

Managing post-marital financial aspects requires technical expertise and a strategic overview. If you have doubts about your entitlement to TFR or divorce alimony, it is essential to act with awareness of your rights. Lawyer Marco Bianucci, with his consolidated experience as a divorce lawyer, is at your disposal to analyze your specific case.

The Bianucci Law Firm awaits you at its Milan office, in Via Alberto da Giussano, 26, to offer you targeted and professional advice, capable of transforming regulatory complexity into a clear and effective protection strategy.