Partner In Stable Union Has Right To Demand Alimony In Case Of Separation, Under The Same Conditions As Civil Marriage, According To Superior Court Of Justice (STJ)

Written by Valdemar Medeiros

Published on 13/09/2025 at 00:06

Updated on 13/09/2025 at 10:26

Foto: Companheiro em união estável tem direito de exigir pensão alimentícia em caso de separação, nas mesmas condições do casamento civil, segundo STJ

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STJ Confirms: Ex-Partner in Stable Union Can Demand Alimony After Separation Based on the Duty of Mutual Assistance in the Family.

The stable union has long ceased to be considered an “informal” relationship under the law. The Article 226, §3 of the Federal Constitution equates stable unions to marriage for legal protection purposes.

The Civil Code (Articles 1,694 to 1,710) also establishes that the duties of mutual assistance, including providing alimony, apply to both marriage and stable unions.

This means that when a stable union dissolves, the partner who cannot support themselves can request alimony from the other, in the same manner as in a divorce.

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The Duty of Mutual Assistance and Alimony Between Ex-Partners

The legal basis is found in Article 1,694 of the Civil Code, which states: “relatives, spouses, or partners can request from each other the alimony they need to live in a manner compatible with their social condition, including to meet their educational needs.”

In other words, it does not matter if the relationship was formalized at a registry office as marriage or simply recorded as a stable union: the duty of assistance exists in both cases.

What the Courts Have Decided on the Matter

The Superior Court of Justice (STJ) has ruled on various cases confirming the right to alimony between ex-partners of stable unions.

In 2020, in REsp 1,748,086, the 3rd Panel of the STJ reaffirmed that “the duty to provide alimony arises from family solidarity, being applicable to both marriage and stable union.”
State courts, such as TJSP and TJMG, have also ruled in favor of ex-partners who proved economic dependency during their cohabitation.

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These decisions clarify that the Justice does not differentiate between marriage and stable union in assessing the right to alimony.

When Alimony is Granted and When it Can Be Denied

Alimony between ex-partners is not automatic. To be granted, it is necessary to prove:

Need of the applicant: generally, someone who has stopped working to dedicate themselves to the home, or someone with difficulty entering the job market;
Ability of the payer: there must be compatibility with the ex-partner’s income;
Duration: in many cases, alimony is set for a specific period, until the beneficiary can regain professional employment.

On the other hand, alimony can be denied if it is proven that both have similar means of support or if the request is deemed abusive.

Practical Consequences for Couples in Stable Union

For those who have lived for years in a stable union and separate, the message is clear:

The economically more vulnerable partner can demand alimony;
The obligation can be established in judicial action or in a settlement homologated by the judge;
Noncompliance can lead to enforcement, seizure of assets, and even civil imprisonment, as occurs in common alimony cases.

This understanding strengthens the protection of the family and prevents one of the partners from being left unprotected after years of cohabitation.

Statements from Specialists

The family lawyer Regina Beatriz Tavares da Silva explains:
“The duty of mutual assistance does not disappear with the dissolution of the stable union. If one of the ex-partners is left in need, the Justice can establish alimony as a form of balance.”

Judge Luis Felipe Salomão of the STJ stated during a ruling:
“The basis for alimony between ex-partners is family solidarity, which does not distinguish whether the union was formalized in marriage or stable union.”

The Stable Union is as Protected as Marriage

The recognition of alimony between ex-partners of stable unions demonstrates the evolution of Brazilian Justice in protecting the various forms of family.

The message is direct: those who have lived in a stable union have the same rights and duties as those who married formally. This includes the obligation to pay alimony in cases of economic imbalance after separation.

More than a legal issue, it is about the application of the principle of family solidarity, which seeks to prevent anyone from being left unprotected after years of shared life.

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Partner In Stable Union Has Right To Demand Alimony In Case Of Separation, Under The Same Conditions As Civil Marriage, According To Superior Court Of Justice (STJ)

STJ Confirms: Ex-Partner in Stable Union Can Demand Alimony After Separation Based on the Duty of Mutual Assistance in the Family.

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

The Duty of Mutual Assistance and Alimony Between Ex-Partners

What the Courts Have Decided on the Matter

When Alimony is Granted and When it Can Be Denied

Practical Consequences for Couples in Stable Union

Statements from Specialists

The Stable Union is as Protected as Marriage

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Partner In Stable Union Has Right To Demand Alimony In Case Of Separation, Under The Same Conditions As Civil Marriage, According To Superior Court Of Justice (STJ)

STJ Confirms: Ex-Partner in Stable Union Can Demand Alimony After Separation Based on the Duty of Mutual Assistance in the Family.

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

The Duty of Mutual Assistance and Alimony Between Ex-Partners

What the Courts Have Decided on the Matter

When Alimony is Granted and When it Can Be Denied

Practical Consequences for Couples in Stable Union

Statements from Specialists

The Stable Union is as Protected as Marriage

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