The Third Panel of the Superior Court of Justice (STJ) ruled that INSS (National Institute of Social Security) amounts discovered during a divorce can be included in the division of assets, even if they were not mentioned at the beginning of the proceedings. According to Justice Nancy Andrighi, the couple remains in community property until the division of assets is finalized—and therefore, new assets can be included if the other party is in good faith and has been guaranteed a fair hearing.
In the case analyzed, the Court also ordered alimony of 30% of the minimum wage to
His ex-wife, who has been unemployed for over 15 years, has health problems, and is elderly. The Superior Court of Justice (STJ) recognized that she gave up her career to care for her family, which justifies the financial support.
The decision reinforces the importance of considering family ties with sensitivity, respecting the right to a fair division of assets—including those that only become apparent later. This is why, in divorce proceedings, it is essential to seek specialized legal advice to ensure a fair and fair division of assets.
