Stable union and cohabitation: it all depends on the intention of the parties!

There’s much debate about the requirements for recognizing a stable union. What is the duration of the union, and living under the same roof? In practice, the issue is quite subjective, and each case must be analyzed on a case-by-case basis. However, the crucial point is identifying the couple’s intention to start a family.

From this perspective, the couple’s cohabitation is not essential for the recognition of a stable union, and it is entirely possible, especially in current times, to set up a family entity even if in different residences.

In this sense, the TJ/SC took a position when granting the right to a survivor’s pension to the partner who lived with the deceased for more than 30 years, but who did not live under the same roof.