Restore a condition of equality
The legislature sought to remove that provision with any adverse effects and restore a condition of substantive equality between the former spouses even after the dissolution of the marriage bond

The arrangement involves three necessary conditions to justify a right on the part of the potential beneficiary. They are:

- Judged the passage in the judgment of divorce;

- Failure to remarriage;

- The ownership of this divorzile.

The prevailing doctrine tends to attribute to the rule interpreted broadly, to encompass both the indemnity that the severance payment is public sector employees, as well as the various liquidations as working, even parasubordinato, following the termination of the job.

The share of indemnities to be allocated to the weaker spouse can be understood as a part of salary allocated to support the family during the cohabitation of the spouses, perceived fit deferred.

The death of the spouse and the parties responsible
In the case of the occurrence of the death of the debtor spouse pending between the termination of the employment relationship and the actual payment, we are witnessing the replacement of the entity required: no longer the deceased spouse but the heirs of the same.

If the employment relationship is extinguished because of the death of the worker - a divorced spouse, comes to a conflict between the art establishment 12 bis examined and art. 2122 of the Civil Code indicating a different distribution of the amounts subject to multiple owners.

The quantification of the portion of severance pay is based on a mathematical calculation, in which the stakes are represented by the length of the marriag , the duration of the employment relationship and their coincidence.

The rule, as I said, he founded his reason for being in solidarity with the economically weaker spouse which contributed to the family fortune and whose contribution even after the dissolution of marriage must find adequate remuneration, although perceived in the form deferred.

A credit that is being progressively
In the opinion of the writer it is a debt that is being progressively during the marriage relationship whose due date is deferred to a later period the eventual divorce and subject to the condition precedent of the existence of the conditions for the receipt of the check divorzile.

In accordance with the principle of solidarity that binds the spouses and that does not end in divorce in toto the norm tends to enhance the contribution that the weaker spouse normally continues to provide during the period of separation, especially in the case where both have custody of children children, and at the same time anchoring the reference period at a given legally certain and irreversible, such as the duration of the marriage .

When qualifies
The right of the weaker spouse to receive a portion of the severance working relationship perceived by the other spouse, can be attributed with the same definite measure of the grant of divorce , since, if the right to the share remains even if allowance is to mature after the divorce , according to the wording of the provision, that right must therefore be recognized as well in case the benefit is gained before the judgment, of course, when the spouse has not yet been assigned permanently (with final judgment) the allowance divorzile.
The right to share arises only if the treatment due to the other spouse is accrued after the commencement of the document instituting the proceedings for divorce, and then even before the divorce decree, not even if it has matured and has been perceived at an earlier date, as in slope of divorce proceedings could in this case the collection of payments affect only the economic situation of the spouse obliged to pay the check or justify a change in the conditions of separation and/or divorce (Court of Cassation, Civ . September 29, 2005, n. 19046) .

Advance on severance pay
It is well to remember that for the Supreme Court, the holder of the spouse divorce is not entitled to earn a share of the total of the indemnity (working) due to the other spouse where the spouse obliged to pay the check has an advance received prior to that date : the advance predicted, indeed, art. 2120 cc, once it has been granted by the employer and has been collected by the worker enters its heritage and can not be revoked, resulting in the definitive acquisition of the relevant law.

Competition between the divorced spouse and survivor
With regard to the indemnity in case of competition between the divorced spouse and the surviving spouse, the amount due to a former spouse, pursuant to art. 12 bis divorce law, it must be determined taking into account the whole sum received by the former spouse and the surviving spouse as recorded in accrued on account of principal, plus interest and monetary adjustment in the case of death of person divorced and moved to a new marriage, the severance pay. due to the heirs of the deceased is divided between the divorced spouse and the surviving spouse based on the duration of the respective marriage relationship, but making appropriate corrections to the result, based on additional factors, such as the amount of the check from the divorced spouse enjoyed before the death of former spouse, the conditions of those involved in the affair, or the possible existence of a period of premarital cohabitation of the second spouse.   Click to listen highlighted text! Article 12 bis of the divorce law states that the spouse against whom judgment has been pronounced the dissolution or termination of the civil effects of the marriage has the right, if not the past to a new marriage and how the grant holder pursuant to art. 5, to a percentage of the amount of indemnity on the other perceived benefits upon termination of employment, even if the benefit is to accrue after the ruling. This percentage is equal to 40% of total compensation attributable to the years when the employment relationship coincided with the marriage. This percentage is equal to 40% of total compensation attributable to the years when the employment relationship coincided with the marriage. Restore a condition of equalityThe legislature sought to remove that provision with any adverse effects and restore a condition of substantive equality between the former spouses even after the dissolution of the marriage bond The arrangement involves three necessary conditions to justify a right on the part of the potential beneficiary. They are: - Judged the passage in the judgment of divorce; - Failure to remarriage; - The ownership of this divorzile. The prevailing doctrine tends to attribute to the rule interpreted broadly, to encompass both the indemnity that the severance payment is public sector employees, as well as the various liquidations as working, even parasubordinato, following the termination of the job. The share of indemnities to be allocated to the weaker spouse can be understood as a part of salary allocated to support the family during the cohabitation of the spouses, perceived fit deferred. The death of the spouse and the parties responsibleIn the case of the occurrence of the death of the debtor spouse pending between the termination of the employment relationship and the actual payment, we are witnessing the replacement of the entity required: no longer the deceased spouse but the heirs of the same. If the employment relationship is extinguished because of the death of the worker - a divorced spouse, comes to a conflict between the art establishment 12 bis examined and art. 2122 of the Civil Code indicating a different distribution of the amounts subject to multiple owners. The quantification of the portion of severance pay is based on a mathematical calculation, in which the stakes are represented by the length of the marriag , the duration of the employment relationship and their coincidence. The rule, as I said, he founded his reason for being in solidarity with the economically weaker spouse which contributed to the family fortune and whose contribution even after the dissolution of marriage must find adequate remuneration, although perceived in the form deferred. A credit that is being progressivelyIn the opinion of the writer it is a debt that is being progressively during the marriage relationship whose due date is deferred to a later period the eventual divorce and subject to the condition precedent of the existence of the conditions for the receipt of the check divorzile. In accordance with the principle of solidarity that binds the spouses and that does not end in divorce in toto the norm tends to enhance the contribution that the weaker spouse normally continues to provide during the period of separation, especially in the case where both have custody of children children, and at the same time anchoring the reference period at a given legally certain and irreversible, such as the duration of the marriage . When qualifiesThe right of the weaker spouse to receive a portion of the severance working relationship perceived by the other spouse, can be attributed with the same definite measure of the grant of divorce , since, if the right to the share remains even if allowance is to mature after the divorce , according to the wording of the provision, that right must therefore be recognized as well in case the benefit is gained before the judgment, of course, when the spouse has not yet been assigned permanently (with final judgment) the allowance divorzile.The right to share arises only if the treatment due to the other spouse is accrued after the commencement of the document instituting the proceedings for divorce, and then even before the divorce decree, not even if it has matured and has been perceived at an earlier date, as in slope of divorce proceedings could in this case the collection of payments affect only the economic situation of the spouse obliged to pay the check or justify a change in the conditions of separation and/or divorce (Court of Cassation, Civ . September 29, 2005, n. 19046) . Advance on severance payIt is well to remember that for the Supreme Court, the holder of the spouse divorce is not entitled to earn a share of the total of the indemnity (working) due to the other spouse where the spouse obliged to pay the check has an advance received prior to that date : the advance predicted, indeed, art. 2120 cc, once it has been granted by the employer and has been collected by the worker enters its heritage and can not be revoked, resulting in the definitive acquisition of the relevant law. Competition between the divorced spouse and survivorWith regard to the indemnity in case of competition between the divorced spouse and the surviving spouse, the amount due to a former spouse, pursuant to art. 12 bis divorce law, it must be determined taking into account the whole sum received by the former spouse and the surviving spouse as recorded in accrued on account of principal, plus interest and monetary adjustment in the case of death of person divorced and moved to a new marriage, the severance pay. due to the heirs of the deceased is divided between the divorced spouse and the surviving spouse based on the duration of the respective marriage relationship, but making appropriate corrections to the result, based on additional factors, such as the amount of the check from the divorced spouse enjoyed before the death of former spouse, the conditions of those involved in the affair, or the possible existence of a period of premarital cohabitation of the second spouse.