Portuguese 
English 
Spanish 
4 min of reading 
0 comments 
Justice Confirms That Siblings May Be Required to Pay Alimony in Case of Parents’ Death or Incapacity, Based on Family Solidarity.
When it comes to alimony, the first association is with parents supporting underage children. However, Brazilian legislation goes beyond this traditional logic. In exceptional situations, siblings may be summoned by the courts to pay alimony to each other, ensuring the survival of those in vulnerable situations.
The topic may surprise many, but it has already been faced in various courts across the country. The legal basis lies in the Civil Code, which provides for a broad duty of solidarity among family members.
What The Law Says
The article 1,694 of the Civil Code establishes that relatives can request alimony from each other, provided they can prove need. Article 1,696 is even more direct: the obligation to provide alimony is reciprocal between parents and children, and extends to all ascendants, descendants, and siblings.
-
The noise law will no longer be in effect at 10 PM starting in June with a new rule valid during the 2026 World Cup.
-
The Chamber opens a debate on driver’s licenses at 16 years old as part of a reform that includes around 270 proposals to change the Brazilian Traffic Code and may redesign rules for licensing, enforcement, and circulation in the country.
-
The new Civil Code could revolutionize marriages in Brazil with “express divorce” and changes that could exclude spouses from inheritance.
-
Banco do Brasil sues famous influencer for million-dollar debt and intensifies debate on delinquency, risks of seizure, and direct impact on Gkay’s credibility.
In other words, the law recognizes that, in the absence or incapacity of parents, siblings may be held responsible for each other’s support.
This rule is not limited to children and adolescents: even adult siblings may seek the courts if they are unable to survive on their own.
Court Decisions
The Court of Justice of the Federal District and Territories (TJDFT) has already recognized this obligation in recent decisions. In one case, older siblings were ordered to pay alimony to another sibling who was in a vulnerable situation since the parents were deceased and there were no other ascendants.
The court emphasized the principle of family solidarity, which underpins the obligation. This understanding has been replicated in other states, such as São Paulo and Minas Gerais, reinforcing that this measure is not isolated but a trend in jurisprudence.
Family Solidarity: A Constitutional Principle
The obligation to pay alimony among siblings does not arise solely from civil law. The Federal Constitution, in article 229, states that “adult children have the duty to help and support their parents in old age, need, or illness.”
This spirit of solidarity extends to horizontal relationships among siblings, creating a legal duty of assistance when there is proven need.
In practice, the courts understand that no one should be left unsupported within the family unit, even if the parents can no longer fulfill that role.
When Alimony Among Siblings is Due
The courts typically impose this obligation in specific situations:
- Death of Parents: when there are no living ascendants, the responsibility falls on the siblings.
- Financial Incapacity of Parents: if the father or mother cannot support the child, the siblings may be called upon.
- Vulnerable Situation: the sibling requesting alimony needs to prove they lack the means to support themselves, whether due to illness, unemployment, or old age.
Important: alimony is not automatic. It depends on a legal process, in which the judge evaluates both the need of the requester and the ability of the payer.
Proportional Division of the Obligation
Another relevant point is that the obligation does not fall on just one sibling. All may be called to contribute, according to their financial conditions.
If one sibling has a high income, they may be held responsible for a larger share. Meanwhile, a sibling with a low income may have their obligation reduced or even waived if they cannot contribute.
This model ensures a fairer and more proportional division of responsibility.
The Social Impact of the Measure
Although controversial, the possibility of alimony among siblings has a significant social impact. It acts as a family safety net, especially in a country where millions live in vulnerable situations and where the state often cannot provide sufficient support.
For those receiving alimony, it can mean the difference between survival and misery. For those paying, it represents a legal and moral duty, based on the principle of solidarity.
Controversies and Criticism
Not everyone agrees with this interpretation. Critics argue that the obligation can generate family conflicts, forcing siblings to litigate disputes. Others point out that the duty of assistance should primarily fall on the state, rather than the family.
Despite this, Brazilian jurisprudence remains established in recognizing this responsibility, precisely to prevent individuals in dire need from being left unsupported.
Practical Examples
- A 17-year-old loses their parents in an accident. Without other ascendants, they request alimony from their two older siblings who are already working. The courts may determine that each sibling contributes proportionally to their income.
- A woman with severe physical disabilities is left without support after her parents’ death. She files a lawsuit against her sisters and obtains alimony to cover treatment and housing.
- A homeless sibling goes to court and proves they cannot support themselves, compelling the other siblings to provide financial assistance.
Alimony Among Siblings: A Little-Known But Real Obligation
The possibility of siblings paying alimony to each other demonstrates how Brazilian law values family solidarity.
Although still a little-known measure, it is already confirmed in various courts and can change the lives of those most in need.
More than a legal obligation, it is a reminder that family remains the first support network in times of crisis.
-
-
2 pessoas reagiram a isso.