Folha do Estado |STJ guarantees non-member ex-spouses the right to profit from business shares

The case begins with a divorce in which the ex-husband is entitled to half of his ex-wife's shares in a company acquired during their marriage.

The Third Chamber of the Supreme Court of Justice (STJ) ruled that former non-equity partners can claim a share of profits and dividends generated by shares in companies belonging to the former partner from the actual separation until the full settlement of amounts owed.The decision strengthens the protection of joint property of divorced couples.

The case began with a divorce, in which the ex-husband was entitled to half of the shares held by his ex-wife in the company acquired during the marriage.He took steps to partially liquidate the company and calculate the assets related to the marriage period.The judge at the first instance assumed the actual date of separation as the date and applied the balance method for calculations, since the social contract did not include specific rules.The ruling limited the ex-husband's rights until that time, and the Court of São Paulo (TJSP) confirmed the position.

In his letter to Stj, the man argued that he should participate in studies and because of the division of the flow of money.

Shares become co-op when shared

Raropteur is a division of the Ministry of Corporate Affairs, which creates a legal code.

Andrighi explained that by dividing the shares, the ex-spouse becomes an "incidental shareholder" with only inheritance rights, without full shareholder status or involvement in the company's operations.In this situation, a "sub-partnership" is created, where the ex-spouse is effectively the "partner of the partner".Combine section 1.319 with the last part of section 1.027 of the Civil Code.

Rights last until full payment

The reporter's interpretation ensures that the non-member has a claim against the company for the profits and gains distributed to the original member until the assets are fully paid, after which ownership is dissolved.This balances the partners' autonomy and contractual obligation in determining values ​​by prioritizing fair criteria set by the agreement.

In addition to the provision of the agreement, the stj adopts what is considered a law, which lives in article 606 of the federal code (cpc).This decision emphasizes the importance of equal measures to avoid timely adoptions to avoid previous spouses related to divorce.

For more information on STJ rulings, please visit the court's official website (https://www.stj.jus.br/sites/portalp/Inicio).The decision could impact thousands of executions across the country.