The management of severance pay (TFR) in divorce proceedings in Milan

The end of a marriage inevitably entails a reorganization not only emotional but also, and above all, economic. When the couple involved has accumulated significant assets or holds important professional positions, as is the case for executives or company managers, the issue of the share of Severance Pay (TFR) becomes a crucial point. As a divorce lawyer in Milan, Avv. Marco Bianucci understands that the correct distribution of severance pay is not automatic but a right that must be analyzed, calculated, and claimed with extreme precision to avoid substantial economic losses.

In this context, it is essential to distinguish between sums accrued during the marital cohabitation and those accrued subsequently, especially in a dynamic city like Milan where professional careers undergo frequent evolution. Relying on an experienced professional allows one to navigate the complexities of Divorce Law, ensuring that every entitlement is recognized equitably and legally.

The regulatory framework: when the ex-spouse is entitled to a share of TFR

Article 12-bis of Law no. 898/1970 establishes precise criteria for attributing a share of severance pay to the ex-spouse. This is not an unconditional right but is subject to the existence of specific requirements that must coexist at the time of the request. Firstly, the divorce decree must have become final and legally binding; mere legal separation does not give rise to any right to the other spouse's severance pay. Secondly, the applicant must be entitled to a periodic divorce allowance, which presupposes an economic disparity recognized by the judge. Finally, the spouse requesting the share must not have remarried.

The calculation of the due share is an operation that requires attention. The law provides that the ex-spouse is entitled to a percentage equal to 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. This means that not all of the TFR is divided, but only the portion accrued during the marital life. From the perspective of a lawyer experienced in family law, it is essential to accurately reconstruct the dates of hiring, termination of employment, and the legal duration of the marriage to determine the correct amount, avoiding approximate calculations that could harm one of the parties.

The approach of the Bianucci Law Firm in protecting assets

At the Bianucci Law Firm, located at via Alberto da Giussano 26, the protection of the client's property rights is approached with an analytical and personalized strategy. Avv. Marco Bianucci, an experienced family law attorney in Milan, adopts a rigorous method in analyzing employment and tax documentation. In cases involving executives or high-profile professionals, severance pay can amount to considerable sums and often includes supplementary items or additional allowances that must be carefully evaluated to determine whether they fall within the 40% calculation base.

The firm's strategy is not limited to mere mathematical calculation. Avv. Marco Bianucci works to anticipate counterparty objections, verifying in advance the existence of all requirements, particularly entitlement to the divorce allowance, which is often the most debated point in court. The goal is to ensure that the client obtains the severance pay they are legally entitled to or, if defending the working spouse, that no sums exceeding the due amount are paid. Transparency and clarity are the pillars on which every consultation is based, enabling the client to make informed decisions about their economic future.

Frequently Asked Questions

Am I entitled to my ex-husband's TFR if we are only separated?

No, the right to a share of TFR arises exclusively after the divorce decree becomes final and legally binding. During the separation phase, even if legal, this right has not yet matured, regardless of the duration of the marriage or the amount of the maintenance allowance.

How exactly is the 40% share calculated?

The share is calculated by applying 40% to the net severance pay received, but limited to the years of service that coincide with the marriage. Therefore, the total amount must be prorated by the years of work and multiplied by the years in which the employment relationship overlapped with the marital bond.

If my ex-spouse has remarried, do I still have to pay them the TFR share?

No, the ex-spouse's remarriage is a disqualifying factor. If the beneficiary remarries before receiving the TFR, they lose the right to the share. However, cohabitation (without marriage) is a more complex issue that requires specific case-by-case evaluation by an experienced lawyer.

What happens if the TFR is paid out monthly in the payslip?

If the TFR was received periodically in the payslip during the marriage, it became part of the family's available funds and is presumed to have been consumed. Consequently, it will not be subject to division at the time of divorce, unless there are specific unliquidated accrued balances.

Request an assessment of your case

The management of financial matters in divorce requires expertise and precision, especially when significant allowances are at stake. If you need clarity on the calculation of your TFR share or wish to protect your economic rights following the end of your marriage, contact Avv. Marco Bianucci. The firm receives clients in Milan to analyze your specific situation and define the most effective strategy for your case.