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

We were inspired to discuss such a topic as the spousal support after a divorce in Ukraine by the repeated addresses of our foreign clients to us who are planning to start the divorce process in Ukraine.

The providing material support to one of the spouses who need it, during a marriage or after divorce, and even without having common children, it is a normal and habitual practice in many countries around the world. 

Therefore, it is not a surprise that the first question asked by a man who is a citizen of a foreign state and plans to divorce with his Ukrainian wife in Ukraine - how much do I need to pay my wife after divorce according to the Ukrainian law. 

And, unfortunately, we have to recognize that some of the people are using the ignorance of the laws of Ukraine by others. 

Actually, there are also for a number of grounds and conditions provided in the Ukrainian legislation under which one of the spouses is obligated to support the other during the marriage and after divorce, but these grounds must be really weighty and convincing and they demand the proofs. The grounds - I'm a housewife and I do not have any income, do not work! 

An important point of Ukrainian legislation is that husband and wife stand in equal circumstances. This means that in certain circumstances the financial support or alimony can be received as by a wife from a husband as by a husband from his wife.

For example, if a man lives with a minor child who is in his maintenance, then he is entitled to claim from his ex-wife money for the maintenance of their common child and in this way he can share with her the child's maintenance expenses.

If a man needs material support because he has become disabled during their marriage or for one year after the dissolution of a marriage, then in court, he may apply for charging from his ex-wife. 

The most common case of collecting alimony for a husband/wife is living with a common child before reaching children of three or six years. In this case, it does not matter for collecting alimony, whether such a husband/wife and his / her financial situation work. However, the recovery of such alimony is only possible if the alimony payer has the opportunity to provide material assistance. In this case, alimony is not awarded for each child, but depending on the establishment of the fact of the need for additional maintenance of the spouse.

The examples show us exactly the equality of each of the spouses under the circumstances specified in the laws of Ukraine and indeed ensure the right of one of the spouses to support another, independent of sex.

Such circumstances include disability, retirement age, suffering from violence or misconduct of one of the spouses towards another one, pregnancy or maintenance of a common minor child, or any other material circumstances in which a person was not able to be employed and receive income for living.

If the above-listed circumstances occurred in the life of one of the spouses, then she can apply to the court for the payment of alimony from the other spouse. But all these circumstances must have evidentiary grounds, and there is also one moment that is needed for mandatory proving, the spouse, on whom the obligation to pay alimony is imposed, has the financial opportunity to pay. 

In all other, in normal circumstances, when one of the spouses did not work or do not work voluntarily, does not raise common children and does not care for sick family members, is quite healthy and able to work, then any material payments can be provided to her/him by the other of the spouses, only at his/her own will. 

For example, when a wife does not agree with her husband's decision not to give her money, the wife has the right to go to court, but she must be ready to give her explanations in court, why the husband is obliged to give her money. 

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.