It is a matter of fact that a husband or wife (spouses) are obliged to support each other materially during their cohabitation. Usually such material support is known as a “joint budget”. However, not everyone knows that such a right (the right to maintenance) may arise after the dissolution of marriage. Morever, the termination of marriage relations between a man and a woman does not not stop the right to demand alimony.
A person has the right to apply for maintenance immediately after the dissolution of a marriage in the following cases:
- If a spouse became disabled before divorce or during 1 year after marriage dissolution, has a need for material assistance, provided that the another spouse is financially able to provide such assistance. In accordance with the Family Code of Ukraine, a person who has reached the retirement age (for women and men – age of 60) is considered disabled, as well as a person with the I, II or III disability group;
- If the person has acquired the status of a person with a disability, namely, if such disability was the result of the unlawful conduct of her ex-husband / ex-wife during marriage;
- If, at the time of the dissolution of a marriage, a person has no more than five years left to reach the retirement age, one will be entitled to maintenance after reaching this retirement age, provided that spouses have lived together for at least 10 years in marriage;
- If, in connection with the upbringing of the child, the conduct of a household, the care of family members, illness or other circumstances during the marriage, which has a significant significance, one of the spouses was not able to receive education, work, take up a position, one has the right to maintenance in connection with the dissolution of marriage, also in cases, if he/she is able to work, provided that such spouse needs material assistance and that the former husband/the former wife can provide financial assistance. But such material assistance can only be provided within 3 years.
In general, there are three mandatory requirements:
- One of the four cases listed above;
- A spouse needs and has the right to such alimony;
- Another spouse must be financially capable of paying alimony.
Alimony can be paid under agreement of the parties, it means that in such a case there will be a contract, or the obligation to pay alimony may be put by a court. If another party refuses to pay maintenance under the contract, then such alimony may be further charged on the basis of the executive note of the notary.
Also, legislator states, a spouse who behaved unworthy during marriage, and those who became disabled because to committing an intentional crime towards them (if it is determined by the court), has no right to claim maintenance.]]>
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