Spousal support after a divorce in Ukraine | V.Reshetov and Partners | Law Firm in Ukraine

Spousal Support After Divorce in Ukraine: What Foreigners Need to Know

We were inspired to discuss the topic of spousal support after divorce in Ukraine due to the frequent inquiries from our foreign clients who are planning to initiate divorce proceedings in Ukraine.

Providing financial support to a spouse during marriage or after divorce—even in the absence of common children—is a well-established practice in many countries worldwide.

Therefore, it is not surprising that one of the first questions asked by foreign nationals seeking a divorce from their Ukrainian spouse is:

"How much will I have to pay my wife after divorce according to Ukrainian law?"

Unfortunately, we must acknowledge that some individuals take advantage of others' lack of knowledge about Ukrainian legislation.

Does Ukrainian Law Require Spousal Support After Divorce?

According to Ukrainian law, a spouse may be required to support the other both during marriage and after divorce, but only under specific, legally justified conditions. These grounds must be substantial, well-founded, and supported by evidence.

It is not enough for a person to simply state:
"I am a housewife and have no income, so I deserve financial support!"

Equal Rights for Both Spouses

An important principle in Ukrainian family law is that both husband and wife have equal legal standing. This means that, depending on the circumstances, either spouse can claim alimony.

For example:

- If a husband is the primary caregiver for a minor child, he has the right to seek financial support from his ex-wife to share child-related expenses.

- If a husband becomes disabled during the marriage or within one year after divorce, he can apply to court for financial support from his former spouse.

Most Common Cases for Spousal Support

The most frequent situations where spousal support is granted include:

Raising a young child:
If a wife or husband is living with a common child under three or six years old, they may claim alimony from the other spouse.
The financial status of the receiving spouse does not affect their eligibility in this case.
However, alimony will only be granted if the paying spouse has the financial capacity to provide support.
Other legitimate reasons for spousal support include:
Disability or reaching retirement age.
Physical or emotional abuse from the former spouse.
Pregnancy or caring for a minor child.
Health issues or other circumstances that prevented a spouse from earning an income.

Important Legal Considerations

If any of these circumstances apply to you, you have the right to file a claim for spousal support in court. However, Ukrainian law requires clear evidence to support such claims.

Additionally, there is one crucial point:
The spouse being asked to pay alimony must have the financial means to do so.

In all other cases—when a spouse voluntarily chose not to work, does not raise children, does not care for a disabled family member, and is healthy and capable of working—then financial support is not mandatory. Any payments in such situations are purely voluntary.

Do Not Rush to Pay – Know Your Rights!

If you are being pressured to pay large sums due to a divorce, do not rush into making payments! First, consult with a qualified matrimonial lawyer in Ukraine who can assess your situation and protect your interests.

What Are the Conditions for Receiving Spousal Support in Ukraine?

Under Ukrainian law, a spouse is entitled to receive alimony from the other spouse in the following cases:

1. Incapacity and Financial Need
A spouse who is incapacitated (has reached retirement age or has a disability of Group I, II, or III) and requires financial support is entitled to alimony if the other spouse has the financial ability to provide it.

2. Pregnancy and Childcare
A wife has the right to receive alimony from her husband during pregnancy and for three years after the birth of their child. If the child has physical or mental disabilities, this right is extended until the child reaches the age of six.

3. Divorce and Subsequent Incapacity
A spouse may claim alimony after divorce if they became incapacitated before or within one year after the divorce and require financial assistance.

4. Lack of Employment Opportunities
If a spouse was unable to obtain an education, find employment, or secure a suitable position due to raising children, managing the household, caring for family members, illness, or other significant factors, they have the right to alimony for up to three years after divorce, provided they need financial assistance and the former spouse can afford to provide it.

If you are in a situation where you need legal assistance regarding spousal support in Ukraine, our experienced lawyers are here to help. Contact us today for professional guidance!

Therefore, if you are the spouse who is being forced to pay the amount with many zeros because of the divorce, do not hurry to pay!

Matrimonial lawyer in Ukraine.

P.s. In Ukraine, courts can consider divorce cases separately from other issues such as alimony, financial support, and division of property. A marriage can be terminated regardless of the existence of a property dispute between the spouses.

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Domestic Relations:

Marriage contract

Divorce & Separation

Child Custody & Support

Property Division

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Cohabitation (Сommon-law marriage) and division of property: key issues.
The unfinished house is divided between spouses during divorce.
The division of the rights to an apartment in a block of flats.
How to divide the car when you divorce?
The loan obligations of spouses in case of divorce.
Frequently asked questions about the division of spouses' property in Ukraine.

Real estate located in Ukraine is divided exclusively in Ukraine and according to Ukrainian laws.

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