One of the most frequent questions in cases of separation or divorce concerns the trattamento di fine rapporto, better known as TFR. It is often thought that, once the marriage is over, the former spouse loses every right over this sum. In reality, the matter is more nuanced.
Knowing one’s economic rights is essential in order to avoid misunderstandings and to face the liquidation phase in an informed and aware manner.
Who is entitled to the TFR of the former spouse
Under Italian law, the right to the TFR of the former spouse exists, but only where certain precise conditions are met. If the marriage ended with divorce and the economically weaker spouse was recognised the right to the divorce allowance, then, in the event of cessation of the other spouse’s employment relationship, a portion of the TFR may also be due to the former partner.
This principle has also been confirmed by the Corte di Cassazione, which underlines that the TFR falls within the so-called economic rights protected by family law. However, recognition is not automatic. The judge assesses on a case-by-case basis, taking into account the duration of the marriage, the moment of liquidation and the actual presence of an ongoing, non-lump-sum divorce allowance.
How the share due is calculated and when the right is lost
The calculation of the TFR shares after separation or divorce depends on the duration of the marriage compared with the period of work for which the TFR has accrued. If the marriage covered a good part of the years of service, the share can be significant. As a rule, the portion recognised to the former spouse does not exceed 40% of the amount accrued during the marriage.
It is important to distinguish between TFR in the case of separation and divorce. In the case of mere separation, there is no dissolution of the marriage bond, so the same rules provided for TFR and divorce do not apply. Only after TFR and dissolution of the marriage (i.e. once the divorce has become definitive) can the former spouse possibly bring a claim.
Divorce and trattamento di fine rapporto are therefore connected only if the beneficiary spouse has obtained a stable divorce allowance and has not remarried. If the former spouse has remarried or is not entitled to any allowance, every claim on the TFR also lapses.
A right to know about before it is too late
Many discover the existence of this right too late and find themselves unprepared at the moment of liquidation. Communication between former spouses in such cases is often absent or strained, and this is where knowing the rules and one’s rights can make the difference.
For those who have devoted years to the family, giving up a career, or who find themselves dealing with a former spouse close to retirement, understanding the workings of the TFR is not only useful but often essential to safeguard their economic stability.
Studio Legale Boschetti follows this kind of case with attention and competence, with an approach attentive to the details and to the personal implications of every situation. In a topic so technical but central in the life of those facing a divorce, having reliable guidance can really make the difference.
