Older, independent, and free to choose: The importance of estate planning in Brazil

The traditional model of relationships, where the man is older and financially more established, no longer reflects the reality for many Brazilian couples. Social transformations in recent decades have significantly expanded women's autonomy, reshaping how both men and women choose their partners.

Recent data from the IBGE shows Brazilians are marrying later. In 2023, the average age for first-time brides and grooms was 31.5 years for men and 29.2 years for women. This reflects a trend toward greater personal, professional, and financial maturity before formalizing a union.

Relationships where the woman is older than her partner are becoming more visible and accepted. Women who are financially independent, with established careers and their own assets, are exercising their freedom to choose partners without adhering to old age-related social norms. The success of a relationship is now more linked to affinity, shared values, and common life projects than to age differences.

It is common in these relationships for the woman to have a more solid financial situation than her partner. This is often because, in addition to being older, many women have achieved professional stability and built wealth over decades of work. Viewing these relationships as "gold-digging" is a simplistic and prejudiced perspective that ignores female autonomy and existing legal protections for both partners' assets.

Legal instruments like the regime of total separation of assets, chosen through a prenuptial agreement, ensure each spouse's exclusive ownership of their property. Brazilian law mandates this separation for couples where one or both partners are over 70. For stable unions (uniões estáveis), if no written contract exists, the default is partial community property, meaning assets acquired during the union are shared. Therefore, formalizing the union with a public deed and clearly defining the property regime is highly recommended to protect the couple's interests and prevent future conflicts.