Addressing the economic consequences of the end of a marriage requires attention to detail and, above all, timeliness. Often, crucial issues such as the division of severance pay (Trattamento di Fine Rapporto - TFR) are overlooked in the initial stages, only emerging when the ex-spouse ceases their employment. As a divorce lawyer in Milan, Avv. Marco Bianucci frequently observes how the lack of knowledge of prescription terms can irreparably compromise fundamental economic rights, accrued over years of shared life. Understanding legal deadlines is the first step to protecting your future assets.

The Right to a Share of Severance Pay: Regulations and Prescription

Article 12-bis of the Divorce Law (L. 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 divorce decree. The share due is equal to 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage. However, this right is not eternal. Italian law provides that the right to a share of severance pay is subject to prescription. Prevailing jurisprudence identifies this term as the ordinary ten-year prescription period (10 years). It is crucial to understand that the prescription period does not begin to run from the divorce decree, but rather from the moment the right can be exercised, i.e., from the date the ex-spouse actually receives the severance pay from the employer. If this period is allowed to pass without any formal request being made, the right is extinguished permanently.

The Bianucci Law Firm's Approach to Recovering Severance Pay

Managing requests for obtaining a share of severance pay requires a precise strategy that goes beyond simply knowing the law. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, focuses on the timely analysis of the ex-spouse's employment situation to prevent the lapse of deadlines. The Bianucci Law Firm operates by conducting a preliminary verification of eligibility requirements (entitlement to the allowance and no remarriage) and immediately proceeds with acts that interrupt prescription, such as formal notices or judicial appeals, if necessary. The goal is to ensure that the client does not lose what legitimately belongs to them due to inaction or misinformation. In many cases, the complexity lies in becoming aware of the severance pay having been disbursed; for this reason, the firm also assists its clients in obtaining the necessary information from employers or social security institutions, ensuring proactive and concrete protection.

Frequently Asked Questions

Within how long does the right to a share of severance pay expire?

The right to request a share of severance pay generally expires in ten years. It is crucial to note that this ten-year period begins to run from the moment the right can be exercised, i.e., from the date the ex-spouse actually received the payment, and not from the date of the divorce decree.

Can I claim severance pay if I am only separated and not divorced?

No, the law specifically provides that the right to a share of severance pay only arises after the divorce decree has become final. During the legal separation phase, this right has not yet matured, even if the spouse receives severance pay during that period.

What happens if my ex-spouse remarries?

The fact that the ex-spouse obligated to pay has remarried does not extinguish your right to a share of severance pay. However, the right lapses if you, as the claimant, have remarried before the ex-spouse received the severance pay.

How exactly is the 40% share calculated?

The calculation is not applied to the entire severance pay, but only to the portion accrued during the years of marriage. 40% of the total severance pay attributable to the years in which the employment relationship coincided with the marriage (including years of legal separation, up to the divorce decree) is calculated.

Request an Assessment of Your Situation

If you fear that the deadlines for claiming your share of severance pay are about to expire, or if you wish for clarity on your rights following a divorce, do not wait any longer. Timeliness is the key element to avoid prescription. Contact Avv. Marco Bianucci for an assessment of your case at the Milan office located at Via Alberto da Giussano, 26. Together, we will analyze your situation to protect your economic interests.