Portuguese 
English 
Spanish 
4 min of reading 
1 comment 
STJ Confirms That Death Pension Can Be Split Between Widow And Ex-Wife Who Received Alimony. Decision Ensures Division In Cases Of Dual Dependency.
Few people know, but the death of an insured party can open complex disputes about who is entitled to the pension. In many cases, the conflict occurs between the current widow and the ex-wife who received alimony. Common sense would lead one to believe that only the surviving spouse would be entitled to the benefit, but Brazilian courts, especially the STJ (Superior Court of Justice), have already consolidated the understanding: it is possible to divide the death pension between both when there is dual economic dependency.
What The Law Says About Death Pension
The death pension is provided for in Law No. 8.213/1991. The benefit is paid to the dependents of the deceased insured party, and Article 16 of the law includes as dependents:
- The spouse or partner.
- Children under 21 years of age or disabled.
- Other individuals who can prove economic dependency.
The ex-spouse, as a rule, does not automatically appear on the list. But when there is court-ordered alimony, jurisprudence recognizes their status as a dependent.
-
The Chamber opens a debate on driver’s licenses at 16 years old as part of a reform that includes around 270 proposals to change the Brazilian Traffic Code and may redesign rules for licensing, enforcement, and circulation in the country.
-
The new Civil Code could revolutionize marriages in Brazil with “express divorce” and changes that could exclude spouses from inheritance.
-
Banco do Brasil sues famous influencer for million-dollar debt and intensifies debate on delinquency, risks of seizure, and direct impact on Gkay’s credibility.
-
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.
In other words: if the ex-wife was receiving alimony, she is also entitled to share in the death pension.
The STJ’s Understanding
The STJ has reiterated decisions confirming the ex-wife’s right. In a landmark case, the Court ruled that:
- The widow is entitled to the death pension;
- The ex-wife who received alimony must also be included as a dependent;
- The benefit must be divided proportionally between the two.
The logic is simple: if the Justice system had already recognized the economic dependency of the ex-wife during the insured person’s life, that dependency does not disappear with the insured’s death.
How The Division Works
In practice, the amount of the death pension is divided among the beneficiaries proportionally to the degree of dependency. In many cases, the STJ determines that the division be equal parts, but there can be situations where the ex-wife receives a smaller fraction, according to the amount of alimony she was entitled to in life.
Real Example:
- An insured person left an alimony of 20% of their salary to the ex-wife;
- After their death, the STJ determined that the death pension be divided as 80% for the widow and 20% for the ex-wife, maintaining proportionality.
Landmark Cases Judged
- In Brasília, the STJ determined that an ex-wife receiving alimony of R$ 3,000 was entitled to a share of the death pension, despite the widow’s resistance;
- In São Paulo, the Justice system confirmed a 50% split for each, as both the ex and current wife had significant economic dependence on the insured;
- In Minas Gerais, a ruling determined that the INSS pay 30% of the amount to the ex-wife and 70% to the widow, proportionate to the amounts set during life.
These rulings serve as guidance for similar cases throughout the country.
The Impact On Families And Heirs
This understanding provides relief for ex-wives who often depended entirely on alimony to survive. At the same time, it causes frustration for widows who see their benefit reduced.
Furthermore, children and other dependents can also enter the dispute, making the processes even more complex.
According to data from the INSS, over 7 million people receive death pensions in Brazil, and cases of division between spouses and ex-spouses represent a significant portion of judicial actions in the social security area.
How To Ensure The Right To Division
For the ex-wife to receive part of the death pension, it is necessary to prove:
- Existence of formalized alimony (court sentence or ratified agreement);
- Effective economic dependency, confirmed by documents or previous decisions;
- Administrative request to the INSS or, in case of denial, judicial action.
The process tends to be judicial since the INSS tends to recognize only the widow as a direct dependent.
The Message From The Justice System
Brazilian courts have made it clear that the purpose of the death pension is to protect the economic dependents of the insured, regardless of emotional ties severed by divorce.
Thus, the Justice system reinforces that the obligation of support does not die with the insured. If they were already contributing to the ex-wife’s livelihood, that support must continue through the division of the benefit.
The Death Pension Can Divide Families And Courts, But It Guarantees Economic Justice
The recognition of the ex-wife’s right to the death pension is one of the most controversial issues in Brazilian Social Security Law. For some, it seems unfair to split a benefit for the widow. For others, it is the fulfillment of the law and the social function of the pension: to provide sustenance to those who financially depended on the insured.
The message from the STJ is unequivocal: when there is dual dependency, the pension must be split. This rule can change the lives of thousands of families, redefine the financial future of widows and ex-wives, and reinforces the importance of understanding social security rights.
É fora de sério oque está acontecendo no Brasil, cada dia que passa da mais nojo de ter nascido Brasileiro…