Il diritto alla pensione di reversibilità e il diritto alla compartecipazione al trattamento di fine rapporto del coniuge divorziato

Di Maria Novella Bugetti -

The right of the ex-spouse to receive the pension benefits and a proportion of employment severance benefits is of critical importance when viewed from several perspectives: on the one hand, these rights underline the strength of the financial support order, and, on the other, they highlight that the financial obligations continue even after the dissolution of the marriage, due to an interdependent and, almost, never-ending, conception of the spouses’ ties.
These ancillary provisions enhance the supportive and compensatory functions of the divorce support order, from which they derive. This reasoning necessarily implies the inadequacy of the principle of self-responsibility between ex-spouses, and reflects instead the discipline of the financial effects required upon family dissolution.