The reform of the Civil Code and the gender perspective: advances and setbacks regarding care and the division of property in divorce

Abstract

This article examines how Bill n. 4/2025, which proposes a reform of the Civil Code, affects women’s rights at the moment of divorce, particularly regarding care work and the division of assets. The core issue lies in the fact that the current patrimonial rules are grounded in a notion of formal equality between spouses, disregarding the disproportionate burden of domestic and caregiving work assumed by women and the resulting economic inequality that emerges upon marital dissolution. The main objective is to assess whether the proposed changes represent advances or setbacks in the pursuit of gender equality. To this end, the study employs a deductive method, supported by bibliographical research and jurisprudential analysis, focusing on four provisions of the Bill that directly impact women: the right to remain in the marital home, economic compensation for caregiving, the sharing of appreciation of company shares, and the incorporation of the penalty for asset concealment in divorce proceedings. The study concludes that the proposal shows signs of progress by recognizing the economic value of care work and seeking to curb patrimonial fraud, although some provisions lack objective criteria and may generate legal uncertainty. Nevertheless, the proposed changes have the potential to promote greater equity between men and women in the context of marital dissolution.