What happens to my salary, bonus, and pension in divorce?

When going through a divorce, many people wonder what will happen to their income, bonus pay, and pension rights. In Italy, these financial aspects are governed by specific rules, and much depends on whether one spouse is entitled to a divorce allowance.

The starting point: the divorce allowance

Any discussion about financial rights after divorce has to begin with one key concept: the divorce allowance. Only those who are entitled to it can access, under certain conditions, a share of their ex-spouse’s severance pay (TFR) or survivor’s pension.

The divorce allowance, regulated by Article 5 of Law No. 898 of 1970, is a periodic payment the court can order in favor of a spouse who does not have sufficient means or cannot obtain them for objective reasons. Modern jurisprudence has moved beyond the old “standard of living” criterion: the allowance now serves two main purposes.

On one hand, it has an assistance function, ensuring the financially weaker spouse can live with dignity; on the other, a compensatory function, acknowledging and balancing the sacrifices made by the spouse who contributed to the family at the expense of their own career or financial opportunities.

To determine eligibility - and the amount - the court evaluates several factors together: the duration of the marriage, each spouse’s contribution to family life, their respective financial conditions, and the causal link between economic imbalance at divorce and prior personal sacrifices.
A mere difference in income between ex-spouses, by itself, is not enough to justify the allowance.

Salary: it’s not divided, but it matters

After divorce, each ex-spouse keeps their own salary; it is not split or shared.

However, income from work is a key factor the court considers when assessing economic imbalance.
A high income for one spouse versus a low or zero income for the other may justify the payment of a divorce allowance, provided the other legal conditions are met, especially the compensatory purpose tied to sacrifices made for the family.

Severance pay (TFR) and other allowances

The share of the TFR due to an ex-spouse is regulated by Article 12-bis of the same divorce law.
Entitlement arises only if three conditions are met:

1. The requesting spouse receieves a recognised divorce allowance;
2. They have not remarried;
3. The other spouse received the TFR after the divorce petition was filed.

The share is 40% of the severance pay accrued during the years when the marriage and employment overlapped.

Not all end-of-employment payments count: the Supreme Court has clarified that only deferred remuneration proportional to the duration of employment is included.

Therefore, exit incentives or early termination bonuses are excluded, as they are not proportional to the employment period. Severance pay itself remains the primary example of an allocation subject to the 40% rule.

If the TFR was transferred to a supplementary pension fund before filing for divorce, the ex-spouse can no longer claim their 40% share. However, any future payments from that fund (for example, a periodic annuity) can still be considered by the judge when calculating or adjusting the divorce allowance.

Survivor’s pension: protection continues after death

Even after the death of the ex-spouse, the law may protect the recipient of a divorce allowance.
Article 9 of Law No. 898/1970 grants a right to a share of the survivor’s pension, provided:

1. The ex-spouse held a recognised divorce allowance (not a one-off payment);
2. They have not remarried;
3. The employment relationship generating the pension predates the divorce judgment.

If there is no surviving spouse, the eligible ex-spouse receives the full pension.
If a surviving spouse exists, the pension must be divided between the current spouse and the divorced ex-spouse.

The main criterion is the length of the marriage, though courts also consider additional factors, such as the amount of the divorce allowance received, the overall financial situation of both parties, and the duration of any stable pre-marital cohabitation. The right to the pension starts from the first day of the month following the death, with arrears payable by the relevant pension authority.

TFR distribution when multiple beneficiaries exist

A more complex situation arises when a deceased worker leaves a surviving spouse, children, and a divorced ex-spouse. The Supreme Court has clarified a two-step allocation:

1. The severance pay is first divided among entitled parties according to Article 2122 of the Civil Code (surviving spouse, children, etc.), based on need.
2. The divorced ex-spouse’s share is then calculated only on the portion assigned to the surviving spouse, proportional to the duration of the marriage and other solidarity-based criteria.

In other words, the ex-spouse does not compete directly with the children; their right “rides on” the portion due to the surviving spouse.

In short

You don’t automatically gain rights to your ex-spouse’s salary, severance pay, or pension just because you were married. These rights depend on whether you’re awarded a divorce allowance, and they reflect a principle of post-marital solidarity.

The law aims to protect spouses who made sacrifices for the family, ensuring fairness and balance - not to extend financial benefits indefinitely after the marriage ends.