The Right to a Share of Severance Pay and Economic Implications in Divorce

The end of a marriage entails not only the cessation of the civil effects of the union but also a complex redefinition of the economic relationships between ex-spouses. One of the most technical and often debated aspects concerns the entitlement to a share of severance pay (Trattamento di Fine Rapporto - TFR) and, in particular, its potential monetary revaluation over time. As a divorce lawyer practicing in Milan, Avv. Marco Bianucci frequently observes how a lack of knowledge of the calculation mechanisms and ISTAT adjustments can lead to significant economic losses for the weaker party or, conversely, to undue expenses for the obligated party. Understanding whether and how the sum owed should be updated to the cost of living is fundamental to ensuring substantial fairness in settling marital accounts.

Legislation and Calculation of ISTAT Revaluation on the Severance Pay Share

Article 12-bis of the Divorce Law (Law 898/1970) establishes that a divorced spouse, if not remarried and entitled to a divorce allowance, has the right to a percentage of the severance pay received by the other spouse, even if it accrues after the decree. The amount is set at 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. However, the issue of monetary revaluation often arises when a significant period elapses between the time the right arises (the final divorce decree) and the actual payment of the severance pay by the employer. Case law has clarified that the ex-spouse's claim is a claim for value, not currency, only in certain circumstances, or more frequently, that it must be protected from inflation. If payment occurs years after the decree recognizing the right, the nominal sum calculated at the time may have lost purchasing power. Therefore, it is often necessary to apply ISTAT indices to update the amount, ensuring that the real value of the share remains unchanged at the time of actual receipt.

The Bianucci Law Firm's Approach to Asset Protection

The approach of Avv. Marco Bianucci, a lawyer specializing in family law in Milan, is distinguished by rigorous accounting and legal analysis. In cases of claims for a share of severance pay, the firm does not limit itself to requesting the flat-rate application of 40% but conducts a precise verification of the accrual and payment timelines. The defense strategy aims to crystallize the right at the correct moment and to request, where legally permissible, the application of monetary revaluation and legal interest to compensate for payment delays. This analytical method ensures that the client, whether the claimant or the obligated spouse, has their financial position precisely protected, avoiding approximations that could cost thousands of euros. Collaboration with labor consultants, when necessary, also allows for verification of the correctness of the gross and net amounts on which percentages are applied, offering comprehensive protection.

Frequently Asked Questions

When exactly does the right to a share of severance pay accrue?

The right to a share of severance pay arises only if the divorce decree has become final. Furthermore, it is necessary for the claiming spouse to be entitled to a periodic divorce allowance and not to have remarried. If the severance pay is paid before the divorce decree, the matter may be handled differently when determining the economic conditions.

How is monetary revaluation calculated on the severance pay share?

Monetary revaluation is calculated by applying ISTAT indices (consumer price index for blue-collar and white-collar worker families) to the original principal sum owed. The calculation covers the period from when the right became enforceable until the time of actual payment, to protect the sum from erosion due to inflation.

Am I entitled to a share of severance pay if I received the divorce allowance in a lump sum?

Generally, case law tends to exclude the right to a share of severance pay if the divorce allowance was paid in a lump sum (una tantum). This is because a lump-sum payment is considered final and settles all future economic claims between the parties, including participation in severance pay.

What happens if the ex-spouse who was employed dies before receiving the severance pay?

In the event of the death of the ex-spouse who was employed, the right to a share of severance pay does not necessarily extinguish. If the surviving ex-spouse met the requirements to obtain the share (entitlement to the allowance and not remarried), they can share with the heirs and any surviving spouse (if the deceased had remarried) in the distribution of the accrued severance pay, according to criteria of fairness established by the court.

Request a Legal Consultation in Milan

Issues relating to the calculation of severance pay and its revaluation require specific expertise and attention to numerical and regulatory details. If you have doubts about the amount you are owed or are being asked to pay, contact Avv. Marco Bianucci for an assessment of your case. The Bianucci Law Firm awaits you in Milan at Via Alberto da Giussano, 26, to analyze your situation and protect your economic rights.