Probably, in most people, the word “alimony” is associated with the obligation to support children.
But did you know that along with children and elderly parents, the ex-wife or husband also has the right to such maintenance (alimony). Moreover, the right to such maintenance can be claimed while married.
The Family Code of Ukraine stipulates that the wife and husband must financially support each other.
However, if the children have an unconditional right to alimony, then in this case, alimony for the maintenance of one of the spouses is assigned only under certain conditions.
As we have already found out, alimony can be collected while married, after a divorce, and there is even a case when it can be collected if persons have lived in the same family for a long time without marriage.
Let’s analyze in more detail
Alimony in marriage:
• the spouse who is unable to work:
– has reached retirement age
– is a person with disabilities of groups I, II, III
– in need of financial assistance (salary, pension, income from the use of property, other income does not provide the subsistence minimum established by law)
• the spouse who became unable to work due to the illegal behavior of the other spouse
Condition:
the other spouse can provide financial assistance.
Alimony after divorce:
• a person who became unable to work before the dissolution of marriage or within 1 year from the date of dissolution of marriage
Condition:
the person needs financial assistance;
ex-spouse can provide financial assistance
• a person who became a person with a disability after 1 year from the date of divorce
Condition:
disability is the result of unlawful behavior of her ex-spouse during marriage
• if at the time of divorce the person has no more than 5 years left before reaching retirement age
Condition:
cohabitation in marriage for at least 10 years
after reaching retirement age
• if one of the spouses did not have the opportunity to get an education, work, or hold a relevant position due to raising a child, running a household, taking care of family members, illness or other significant circumstances
Condition:
the person needs financial assistance;
ex-spouse can provide financial assistance
within 3 years after divorce
Alimony both during marriage and after its dissolution:
• A wife during pregnancy, regardless of whether she works or her financial situation
• Husband/wife with whom the child lives (until the child reaches the age of 3)
• Husband/wife with whom a child with physical or mental disabilities lives
Condition:
The husband/wife can provide financial assistance
Alimony regardless of the fact of marriage:
• One of the spouses who lives with a child with a disability who cannot do without constant external care and takes care of him
Condition:
the other spouse can provide financial assistance.
Alimony can be paid voluntarily (spousal maintenance agreement) and judicially.
Therefore, if you need alimony and it was not possible to agree on a voluntary basis, you should file a claim for the collection of alimony.
A claim for the recovery of alimony is submitted in civil proceedings to the district, district in cities, city and city-district courts at the registered place of residence or stay of the plaintiff.
