Severance Pay in Divorce Dynamics

When facing the end of a marriage, managing financial aspects often represents the main point of friction between parties. One of the most complex and often misunderstood issues concerns the destination of Severance Pay (Trattamento di Fine Rapporto - TFR) and its potential use to ensure the well-being of children, particularly those who are adults but not yet financially independent. As an expert lawyer in family law in Milan, Avv. Marco Bianucci frequently receives requests for clarification on this specific topic, which requires a clear distinction between the rights of the ex-spouse and those of the offspring.

It is essential to understand that the Italian legislator has provided specific tools to protect the weaker parties after the dissolution of the marital bond. However, the legislation must be interpreted precisely to avoid unfounded expectations or strategic errors that could compromise the desired outcome. The aim of this analysis is to clarify how and when Severance Pay can be seized or requested to protect the maintenance of children.

The Regulatory Framework: Difference Between TFR Share and Guarantee for Children

Italian law, and in particular Article 12-bis of the Divorce Law (Law 898/1970), explicitly provides for the right of the divorced spouse to receive a percentage of the other spouse's Severance Pay, equal to 40% of the indemnity attributable to the years in which the employment relationship coincided with the marriage. However, it is crucial to emphasize that this right belongs exclusively to the ex-spouse who is entitled to a divorce allowance and has not remarried.

Regarding adult, non-self-sufficient children, the legal situation is different. There is no provision that automatically grants them a 'share' of Severance Pay similar to that of the ex-spouse. However, Severance Pay constitutes a fundamental part of the obligated parent's assets. Consequently, if the parent fails to regularly fulfill the obligation to pay the maintenance allowance established by the judge, Severance Pay becomes an asset that can be seized. In these cases, we are not talking about a 'TFR share' in the strict sense, but about the use of Severance Pay as a financial guarantee on which to satisfy the claims accrued for unpaid maintenance.

The Approach of the Bianucci Law Firm in Milan

Avv. Marco Bianucci, operating as an expert lawyer in matrimonial law in Milan, handles these cases with a pragmatic approach focused on concrete results. The firm's strategy is divided into well-defined phases to best protect the interests of the client and the children.

Firstly, a thorough analysis of the legal title (separation or divorce decree) is carried out to verify the exact quantification of the maintenance allowance due to adult children. Subsequently, if there is a fear that the obligated parent may dissipate the Severance Pay once received, or if there are already unpaid arrears, Avv. Marco Bianucci assesses the immediate activation of enforcement procedures, such as garnishment of third-party assets. This tool allows for the blocking of funds directly with the employer before they are paid to the employee, thus ensuring that the children's right to maintenance is satisfied with priority.

Frequently Asked Questions

Can I directly ask for a share of my ex's Severance Pay for my children?

No, the law does not provide for a direct share of Severance Pay for children. However, if the ex-spouse does not pay the maintenance due, it is possible to garnish Severance Pay to recover the sums owed to adult, non-self-sufficient children.

What is meant by an adult, non-self-sufficient child?

This refers to a child who, despite having reached the age of 18, has not yet achieved economic independence for reasons not attributable to their fault or negligence (e.g., ongoing university studies, unpaid internships, involuntary unemployment).

Does the right to a share of Severance Pay also apply in case of separation?

Article 12-bis applies only after the divorce decree has become final. During separation, the right to the 40% share has not yet matured. However, Severance Pay can be garnished for maintenance debts even during the separation phase.

How does a lawyer intervene if the parent spends all their Severance Pay?

Intervention must be timely. An experienced family law lawyer will act preventively or immediately upon termination of employment to block the funds through enforcement action, preventing the assets from being dissipated.

Protect Your Rights and Those of Your Children

The management of Severance Pay and maintenance requires technical expertise and timely action. If you fear that your children's right to maintenance may be compromised or you need assistance in recovering arrears, it is essential to contact a qualified professional. Avv. Marco Bianucci is available at the firm's office in Milan at Via Alberto da Giussano, 26, to evaluate your specific case and define the most effective strategy for protecting your interests.