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TJ-SP Ruling Revives Debate on Alimony for Adult Married Children and Highlights How Marriage Can Directly Influence the Continuity or Extinction of the Alimony Obligation Between Parents and Adult Children.
In December 2024, the 3rd Chamber of Private Law of the São Paulo Court of Justice (TJ-SP) denied the alimony request of a man over 30 years old, married, who sought to receive overdue payments from his mother.
The understanding was that marriage automatically ends the alimony obligation, as provided by Brazilian law.
Judicial Case and History of the Charge
The case, number 1005866-07.2019.8.26.0066, originated from an enforcement incident of a food sentence filed in 2019.
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The first instance court declared the debt extinguished after finding that the son was already married before the execution began.
Upon appeal, the man argued that reaching adulthood does not extinguish the alimony obligation and cited the family solidarity stipulated in Article 1,694 of the Civil Code.
He also claimed that the mother had not filed for exemption and that marriage could not be considered a modifying fact at that stage of the process.
Legal Principles Used by the Court
The TJ-SP, however, understood that marriage is an automatic extinguishing cause of the alimony obligation, as per Article 1,708 of the Civil Code.
The court pointed out that, by forming a new family, the duty of mutual assistance falls on the spouse, according to Article 226, paragraph 5, of the Federal Constitution.
According to the court, it is unreasonable to keep parents as financial responsible for married adult children.
Contradictory and Possibility of Incidental Analysis
The rapporteur noted that, although the exemption from alimony generally depends on a specific action, there are situations where extinction can occur in other ways, as long as there is a contradictory.
In the case analyzed, the mother presented a timely defense contesting the execution and pointing to marriage as a fact that extinguished the obligation.
Thus, the court was able to reassess the issue, since it concerned a matter of public order.
Discussion on Retroactive Amounts
The TJ-SP also denied the claim for installments supposedly owed after the marriage.
The court understood that the obligation was already extinguished at the time of the union, dismissing any possibility of retroactive claims.
Understanding of Family Law Specialists
For the Brazilian Institute of Family Law (IBDFAM), the marriage of the adult child is a strong indication that he no longer depends on financial support from his parents.
The entity emphasizes that this presumption is not absolute, but that exceptional situations — such as incapacity or serious illness — must be proven.
Jurisprudence and Criteria Applied to Adult Children
The decision follows a growing trend in the Judiciary to analyze alimony for adult children based on the binomial need and ability, requiring concrete evidence of vulnerability.
With marriage or stable union, this burden becomes even more determining.
Despite this, courts recognize that reaching adulthood or marriage does not automatically end the obligation in all cases.
Situations such as completing higher education or incapacity to work may justify the temporary continuation of alimony.
Impact of the Ruling on the Specific Case
With the ruling, the mother was definitively relieved of payment. The court also dismissed the claim for overdue amounts.
The marriage, the ability to support oneself, and the lack of evidence of dependency were considered sufficient to extinguish the obligation.
The decision reinforces that requests for alimony for adult children should be evaluated on a case-by-case basis, but that marriage weighs heavily against the continuation of parental support.
And in this scenario of changes in family relations, an inevitable question arises: to what extent should marriage influence the continuity of alimony for adult children?
Se eu fosse essa mãe torraria todo o patrimônio antes de morrer se não tivesse outro filho. E se tivesse, doaria em vida para o outro filho 50% do patrimônio e torraria o resto.
Um filho recebe toda ajuda de seus pais e ainda,assim se torna um parasita fracassado.
Alguns dizem – sou fracassado porque não recebi atenção, eles só travalhavam – mas aproveitavam a boa vida que os pais proporcionaram, e outros dizem: – nao consegui nada porq meus pais eram muito pobres…
No final são desculpas de pessoas fracassadas. Porq quem quer vai lá e faz. E pra surpresa destes distraídos, muitos sao responsaveis pelas suas vidas financeiras. Trabalham e correm atrás. e sim, eu escolhi nascer, porque entre um milhão de espermatozóides, eu corri mais. Entao parem de usar esta desculpa. Porq se vc não escolheu, seus pais tb não.
Vá trabalhar.
E aí??? Vai ficar por isso mesmo??? Esse **** não vai ser processado não?????Da pra fazer esse tipo de chacota com a Legislação Brasileira , com a mãe e ainda sair impune????