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Ex-Spouse May Be Required to Pay Alimony After Divorce If the Other Cannot Support Themselves, Courts Confirm Based on Duty of Support.
Divorce is often understood as the end of all ties between two people, but Brazilian legislation and case law show that reality can be different. In certain circumstances, the obligation to provide support extends to the ex-spouse, based on the principle of family solidarity and the duty of mutual assistance.
According to Article 1,694 of the Civil Code, relatives, spouses, and partners can demand support from each other when they prove necessity. This means that, after the dissolution of marriage, if one of the ex-spouses demonstrates an inability to sustain themselves and the other has financial capacity, the courts may establish the payment of alimony.
What the Law Says About Alimony Between Ex-Spouses
Article 1,704 of the Civil Code expressly states that, “if one of the spouses needs support, the other will be obligated to provide it, fixed in proportion to the needs of the claimant and the resources of the obligated person.”
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This provision reflects the idea that divorce does not immediately eliminate the duty of support, especially in cases of socioeconomic inequality, advanced age, or lack of professional qualification that prevents rapid reintegration into the job market.
The Position of STJ: Obligation is Exceptional and Temporary
The Superior Court of Justice (STJ) has established that alimony between ex-spouses is not automatic or lifelong. It should be seen as a temporary and exceptional measure, applying only in situations where the beneficiary spouse truly cannot support themselves.
In various rulings, the court has determined that the obligation to pay alimony should have temporary character, sufficient for the beneficiary to reposition themselves in the job market or reorganize their life.
Only in extreme cases such as serious illnesses, advanced age, or permanent disability — can alimony be maintained indefinitely.
Concrete Cases Judged by the Courts
In 2022, the STJ analyzed the case of a woman who, after more than 20 years of marriage, found herself unable to reintegrate into the job market.
The ex-husband was ordered to pay lifelong alimony due to the advanced age of the ex-wife and her lack of professional education.
In another ruling, an ex-husband who sought alimony from his ex-partner had his request denied by the court, which understood that he was fully capable of working. In this case, the court emphasized that alimony between ex-spouses cannot turn into eternal dependence without justification.
When Justice Grants or Denies Alimony to the Ex-Spouse
Alimony to the ex-spouse is usually granted when:
- The beneficiary demonstrates real and immediate need;
- The marriage was long and created economic dependence;
- The beneficiary is of advanced age or has health issues that prevent work;
- There is proven socioeconomic inequality between the parties.
On the other hand, alimony is often denied when:
- The request is used as a means of unjust enrichment;
- The requesting spouse has the education and health to work;
- The objective is to perpetuate an unjustified financial dependency.
Experts Reinforce the Exceptional Nature of the Measure
For family lawyer Maria Berenice Dias, “alimony between ex-spouses has an assistive character, not compensatory. It serves to protect the spouse who is in a vulnerable situation, but should not perpetuate artificial dependencies.”
Civil Law professor Flávio Tartuce adds: “alimony to the ex-spouse should be temporary, except in extreme cases. The rule is autonomy after divorce, but the courts cannot ignore situations of severe need.”
Family Solidarity Goes Beyond the End of Marriage
The message from the courts is clear: divorce ends the marital partnership, but does not eliminate mutual responsibility when there is glaring inequality between ex-spouses.
Alimony between ex-husband and ex-wife is not a general rule, but an exception applied in the name of family solidarity and the dignity of the human person. It exists to prevent one of the spouses from being thrust into vulnerability after years of economic dependence.
Thus, while reinforcing autonomy and the pursuit of financial independence, the judiciary ensures protection for those who truly need it.
É notório que a matéria é totalmente tendênciosa em favorecimento ao sexo feminino, assim como a lei Brasileira. É só a ex cônjuge chegar na frente do juiz e dizer qualquer coisa ou entrar aos prantos o que é a nova modalidade do momento que a causa é ganha em seu favor. A militância é total e nenhum juiz ou juíza vai querer ficar contra o sistema…
Tira a responsabilidade do estado,e empurra para o cidadão num país que mal da para se sustentar com o salário e o imposto é para bancar partidos e Brasília o maior custo de um país e como sempre o pobre que se lasca.
Virou emprego fixo e vitalício cobrar pensão seja ela qual for, até avós pahando pensão para os netos. O Brasil virou paraíso para vaga_bundo mesmo.