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New Decision of the STJ, from October 2025, Confirms That the Balance of FGTS Accumulated During Marriage Must Be Divided in Divorce and Integrates the Sharing of Assets.
The Superior Court of Justice (STJ) reaffirmed in October 2025 an understanding that has been gaining traction in courts across the country: the balance of FGTS accumulated during marriage or stable union must be considered part of the couple’s shared assets and, therefore, divided at the time of divorce. The decision, which reinforces previous precedents, establishes an important milestone in Family Law and Property Law, especially for couples married under the partial or universal community property regime.
In practice, it ensures that the amount deposited monthly into the Wage Guarantee Fund (FGTS) accounts, even if not withdrawn, can be shared legally like any other asset acquired during the union.
The trial was conducted by the Third Chamber of the STJ, which reaffirmed the principle that the fruits of one spouse’s labor belong to both during marriage, as they reflect the joint effort of life in common — whether through direct contribution, with paid work, or indirectly, with care for the home, children, and family support.
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The Understanding of the STJ That Changes the Dynamics of Divorces – FGTS Accumulated During Marriage Must Be Divided in Divorce
For many years, the FGTS was considered an “individual” asset, linked exclusively to the worker holding the account. This led to divergent interpretations and lengthy legal disputes during divorces and dissolutions of stable unions.
With the STJ’s new positioning, this doubt is being overcome. The court recognized that when FGTS deposits occur within the period of marital coexistence and under a property regime that permits asset sharing, the amounts must integrate the division.
According to the decision:
“The earnings from labor received during the marriage are part of the common property, and, consequently, the balance existing in the FGTS linked account must also be subject to division, regardless of withdrawal.”
This understanding is based on Article 1,658 of the Civil Code, which states that, under the partial community regime, assets acquired during marriage are shared, excluding only those received by inheritance or donation with a clause of non-sharing.
What Changes in Practice for Those Who Are Getting Divorced
With the decision, those undergoing a divorce or dissolution of a stable union can request the inclusion of FGTS in the list of assets to be divided.
This means that the spouse who does not have a balance in the fund may be entitled to half of the amounts deposited during the coexistence.
Even if the account holder has not yet made a withdrawal, the amount is legally recognized as shared property. Compensation can occur in two ways:
- Financial, with the deposit of half the amount to the other spouse as soon as the withdrawal is authorized;
- Property, with deduction or compensation in other assets of the couple, such as real estate, vehicles, or investments.
To enable this, the judge may order Caixa Econômica Federal to present the FGTS statements referring to the marriage period, allowing for the precise calculation of the amounts that should be included in the division.
In Which Cases FGTS Enters the Sharing and When It Does Not
The STJ’s understanding applies only to marriages under the partial or universal community property regimes, where there is asset sharing.
In other words:
- Enters the sharing: deposits made during marriage or stable union, when the couple is under partial or universal community;
- Does not enter the sharing: amounts accumulated before marriage, after separation in fact, or when the regime is total separation of assets, except for proof of joint effort.
This distinction prevents the spouse from having rights to amounts that were the result of individual work prior to the relationship.
Why the STJ Adopted This Understanding
The new ruling follows a more modern interpretative line in Family Law, which recognizes domestic work and emotional and family support as real contributions to the shared property.
In the decision, the ministers emphasized that the formation of assets during marriage is the result of joint effort, and that denying the right to the sharing of FGTS would ignore the principle of equality that governs the conjugal society.
This view is consistent with previous decisions, such as REsp 1,251,000/DF, judged in 2011, which paved the way for the current understanding, although only in 2025 did the court solidify the topic as a national precedent.
A New Alert for Lawyers and Couples
The decision has immediate practical effects and may impact thousands of divorce actions in progress in the country.
Specialist lawyers recommend that, when initiating the division, the parties request the complete FGTS statements, as the accumulated amount may represent a significant difference in the division of assets.
Additionally, it is essential to observe the exact date of separation in fact, since subsequent deposits do not enter the account of shared property.
With the new understanding, the STJ reinforces the idea that marriage and stable union are partnerships of mutual effort and that the property, even when deposited in the name of only one, belongs to the couple as long as the common life exists.
This decision symbolizes more than a financial issue: it represents the legal recognition that work and emotional support within the home also produce wealth, even if indirectly.
O FGTS é igual a calçada de sua casa,
“Ela é sua”
Mas o público que passeia sobre ela, exerce maior direito que você.
Contudo, as obrigações são sua.
Pense num dinheiro cobiçado, as estratégias para usá-lo são muitas, mas as duras restrições é só para você que é o dono(a).
Lamentável!
Por: João Paixão