Portuguese 
English 
Spanish 
4 min of reading 
0 comments 
Civil Code Reform Under Debate Proposes to Limit the Duration of Alimony Between Ex-Spouses, Making the Benefit Temporary and Restricted to Exceptional Cases.
Discussions about the new Civil Code, currently under consideration in the Federal Senate since 2023, are reigniting a sensitive and controversial topic: the duration of alimony between ex-spouses.
According to experts, the proposals analyzed by the Commission of Jurists indicate that alimony may no longer be lifelong, becoming temporary, with a focus on the financial rehabilitation of the beneficiary.
The idea is that the payment serves as transitional support, not as a permanent obligation. This change seeks to adapt the 2002 Civil Code to the current reality, where men and women have greater professional autonomy and economic independence.
Proposal Aims to Adapt Family Law to the New Social Reality
According to the bill discussed by jurists, alimony between ex-spouses would have an exceptional, subsidiary, and transitional nature, meaning it would only be granted when real necessity is proven and for a determined time.
-
The Senate approves a bill that criminalizes misogyny, hatred, or aversion towards women, and includes the crime in the Racism Law with a penalty of up to 5 years.
-
Chamber Approves Bill That Allows Pepper Spray for Women Over 16 and Imposes Strict Rules for Purchase, Possession, and Use as Self-Defense
-
Chamber Approves Law to Combat Leucaena, Fast-Growing Plant That Dominates Land and Threatens Native Species in Various Regions of the Country
-
Asset Division: Know What Cannot Be Divided in Case of Divorce
The jurists argue that, after divorce, the duty of mutual support ceases to exist, leaving only the duty of solidarity — which would justify temporary assistance for readjustment, rather than an indefinite payment.
The proposal is based on an understanding already consolidated in decisions of the Superior Court of Justice (STJ), which has been limiting the payment of lifelong alimony, especially when the beneficiary ex-spouse is young, healthy, and capable of working.
STJ Already Treats Alimony Between Ex-Spouses as a Temporary Measure
The current jurisprudence of the STJ already points in this direction. In several decisions, the Court has affirmed that alimony between ex-spouses should have a reasonable timeframe, except in exceptional cases, such as serious illnesses or permanent incapacity.
In one of the most cited precedents (REsp 1.134.723/PR), the court made it clear that the financial obligation between former partners cannot last indefinitely, under penalty of violating the principles of autonomy and human dignity. The understanding is that the end of marriage also ends the obligation of continuous support, and alimony should serve the function of temporary support until the beneficiary can reorganize their own life.
Lawyers Highlight Risks of Legal Disputes During the Transition
According to family lawyers, if the text is approved, many ongoing divorces may be reevaluated, especially in alimony actions and pension revisions.
Family law attorney and professor Rodrigo da Cunha Pereira, a member of the Brazilian Institute of Family Law (IBDFAM), warns that the transition will require attention:
“The new Civil Code will not eliminate the alimony obligation, but it should limit its duration. The State must ensure temporary balance, not eternal dependence,” he explains.
The change may lead to legal disputes between ex-spouses, especially in cases of long unions or when one partner dedicated decades to the family, sacrificing their professional career.
What Remains Valid Until the Approval of the Reform
While the reform is not approved, the current Civil Code (Law No. 10,406/2002) remains in effect.
Currently, Article 1,694 guarantees the right to request alimony from those who cannot support themselves, and Article 1,708 provides that payment ceases in situations such as remarriage, stable union, or when the recipient becomes financially able.
The STJ and regional courts, however, have been applying the principle of temporariness repeatedly. The practical rule is: the shorter the relationship, the shorter the alimony period.
Expected Impact and Challenges for Justice
If confirmed in the new Civil Code, the limitation of alimony between ex-spouses could reduce the number of prolonged lawsuits and executions, which have been overburdening the courts for years.
On the other hand, lawyers warn that excessive flexibility may harm vulnerable individuals, especially women who abandoned their careers to dedicate themselves to the home.
Experts argue that the reform should bring objective criteria to define the timeframe and necessity of alimony — preventing the benefit from becoming an endless dispute.
The debate about alimony between ex-spouses reflects the evolution of Brazilian society. If previously marriage implied financial dependency, today the law tends to value autonomy and equality.
The possible change in the Civil Code is not just a legal issue — it is a reflection of the new forms of coexistence and the role of each individual after the end of a relationship.
With the reform, what was once seen as an eternal obligation may become temporary support for a new beginning. But until then, one certainty remains: the topic will continue to generate intense debates among judges, lawyers, and families seeking a balance between justice and freedom.
-
-
-
-
-
-
335 pessoas reagiram a isso.