REVIEW OF DIVORCE ALIMONY IS CASE-BY-CASE

Published in 16 de Janeiro de 2026

The São Paulo Court ruled that a request for the review of alimony is a proceeding separate from a divorce action or other prior matters. This means that it does not necessarily have to be filed in the same court where the divorce was decided.

 

The case involved a jurisdictional conflict between two courts after an alimony review action was freely assigned to a different court, rather than to the one that handled the divorce. The Court confirmed that these actions have distinct causes of action and claims and, therefore, may proceed independently.

 

The decision also considered that the divorce proceedings had already been definitively concluded, reducing the risk of conflicting decisions between different courts.

 

For this reason, the court originally chosen to hear the alimony review was maintained. For those who need to adjust alimony amounts, the process may be initiated more flexibly, without being automatically bound to the same court that handled the prior divorce.

 

This approach may help speed up the review process and avoid unnecessary transfers of cases between courts.

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