Alimony for disabled spouses

Alimony for disabled spouses

Contrary to the opinion that alimony is a sum of money collected from a former spouse (wife) solely for the upbringing and maintenance of common children, it can also be collected in favor of the former spouse.

One of the grounds for collecting alimony from a former spouse is the complete or partial incapacity for work (disability) of the second former spouse and the very need for alimony.

The need of a former disabled man for material support is an evaluative concept and requires confirmation by providing documents on his income and expenses.

The amount and procedure for payment of alimony can be agreed upon by the parties by concluding a transaction or by the court in a fixed sum of money, a multiple of the subsistence level or a component thereof. The court has the right to refuse to satisfy claims if the plaintiff, through his actions, contributed to the onset of disability, led an immoral lifestyle during marriage, committed illegal actions against the defendant, or is able to provide for his own livelihood.

Payment of alimony to a disabled ex-husband or wife

Former spouses, being in a position where they need help and have a complete or partial disability (disability of groups I, II, III) have the right to apply to the court with a request to recover money (alimony) from the second man for their maintenance if certain circumstances. .

Disabled people, according to the law, are recognized as disabled people, that is, persons with health problems accompanied by a persistent disorder of the vital functions of the body resulting from various injuries, diseases, birth defects, leading to limitation of normal life activities, as well as the need for social protection of such people (Law of Ukraine “On the basics of social protection of persons with disabilities in Ukraine”).

To recognize a person as incapacitated (disabled), a special medical and social examination (commission) is carried out, based on the conclusion of which a corresponding certificate is issued, which is an official confirmation of the disabled person’s status. However, the disability of the former spouse in itself does not entail the obligation to award him alimony.

The court decides the issue of collecting alimony in connection with the disability of one of the former spouses only if one of the grounds provided for by law is present. These include:

• need;
• disability acquired before the divorce;
• disability that occurred within a year from the date of divorce.

Need is an evaluative concept and consists in the court determining the level of material security of the person applying for alimony.

The court must establish and verify facts confirming the unsatisfactory financial condition – the need of the plaintiff. These include:

• sources of income of the plaintiff and their amount;
• stability of income, as well as factors influencing changes in its size and frequency;
• the ratio of the plaintiff’s income and expenses to support his livelihood;
• the presence of common minor children in a divorced couple, their place of residence and method of maintenance;
• availability of financial support from other family members;
• other circumstances affecting the financial situation of the parties to the case (for example, the need for expensive treatment).

Collection of alimony for a disabled wife through the court

The court must take into account the doctors’ opinion on whether a disabled man, if he has a corresponding disease, can engage in work activities. So, for example, disability groups II and III can be workers.

Example

Citizen L. and citizen E. lived in a registered marriage for 10 years, after which they decided to divorce. Citizen L., who is married, received an industrial injury and was recognized as a disabled person of group II. During the divorce, the latter filed a claim in court to collect alimony from his ex-wife for his maintenance due to incapacity for work. However, at the court hearing it was established that after registration of disability, citizen L. received the specialty of “programmer” and began to carry out work activities in the specified specialty. His income, even without taking into account disability benefits (pension), is 3 times higher than the income of his ex-wife. The court recognized that citizen L. does not need and can independently provide for his livelihood. On this basis, the plaintiff’s claims were rejected.

When alimony is not paid for a former disabled man

The Family Code of Ukraine indicates the circumstances in the presence of which the court has the right to refuse to satisfy claims for maintenance of a former spouse or to limit the time period for fulfilling such obligations.

One of the spouses should be exempt from paying alimony for the maintenance of the former spouse in cases where the latter himself, through his actions, contributed to the onset of incapacity (for example, alcohol or drug abuse, committing a deliberate crime) or led an immoral lifestyle, used immoral way of life, applied by the second party during the marriage, who committed a crime against the defendant. Alimony for the maintenance of a disabled man is not collected even in cases where the spouses were married for a short time, for a period of up to 10 years. When making a decision, all these circumstances are assessed by the court on the basis of personal conviction and require official (including documentary) confirmation.

Alimony for the maintenance of a former disabled man cannot be recovered in cases where the person’s incapacity for work occurred before marriage or more than a year after its dissolution, as well as when the former disabled man is not in need and is able to provide for himself .

Example

Citizen S. and citizen K. lived in a joint marriage for 11 years, after which they decided to dissolve it. Citizen S. at the time of marriage was a disabled person of group II, which his wife knew about. The disability was acquired in the process of playing sports. After the divorce, citizen S. decided to go to court to collect from his ex-wife, citizen K., alimony for his maintenance due to disability. The court rejected S.’s claim, citing the fact that he became disabled long before marriage, which means, according to the Family Code of Ukraine, his disability is not a basis for collecting alimony.

Application for alimony for a disabled wife to court

A statement of claim for the recovery of alimony in favor of a disabled former man must be filed with the court of first instance. The place where the claim is filed is determined by the plaintiff. Thus, the application can be filed at the place of residence of the defendant or at the place of residence of the plaintiff at the choice of the plaintiff, for example, if the plaintiff, for health reasons, cannot come to court at the location of the defendant.

It should be remembered that plaintiffs in these categories of cases are exempt from paying widow’s fees.

The requirements for drawing up a statement of claim are the same as for any other statement of claim. So, the application is drawn up in writing and has the following structure:

• information about the court to which the application is being submitted (address, telephone, email), as well as information about the plaintiff (full name, contact information, place of residence) and the defendant (full name, contact information, place of residence), their representatives authorized to submit the application ;
• introductory part containing general information about marriage and the procedure for cohabitation (date of marriage and its dissolution, whether there was a common budget when living together, whether there are common children);
  a motivational part containing information about the circumstances that prompted the plaintiff to apply to the court with a corresponding statement with arguments (circumstances of receiving disability, justification for the need for help);
• the final part containing a request addressed to the judge to collect alimony from the ex-spouse (the amount of alimony for which the plaintiff is claiming should be indicated);
• a list of documents that are attached to the application, indicating their names and volume in sheets (a copy of the statement of claim for the defendant, a copy of the plaintiff’s passport, a copy of the marriage certificate, documents confirming the plaintiff’s needs and the amount of his income, documents confirming the amount of necessary material support for the plaintiff, if available – documents confirming the amount of income of the defendant).

Amount and procedure for paying alimony to a disabled wife

The amount of alimony and the procedure for its payment to the plaintiff can be agreed upon by the former spouses independently with the conclusion of an appropriate agreement or determined in court.

If an agreement between the spouses on the amount and payment of alimony is not reached, the court determines the amount of alimony in a fixed amount of money to be paid monthly. For the convenience of indexing alimony, the court sets it in an amount that is a multiple of the subsistence minimum or as a share of the subsistence minimum. When determining the amount of alimony, the court takes into account:

• financial situation of both spouses;
• marital status of both former spouses;
• minimum living wage.

In the event of a further change in the amount of the subsistence minimum, alimony assessed by the court is subject to indexation in proportion to the subsistence minimum for the socio-demographic group of the population to which the plaintiff belongs. 

The rights of a former disabled man to receive alimony

The right of a disabled former man to receive alimony for his maintenance is directly provided for by the Family Code of Ukraine. However, it should be taken into account that the procedure for filing a claim for the recovery of such alimony, as well as the procedure for making a decision by the court, have certain specifics.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for collecting alimony for disabled spouses.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or lawyer, your case of collecting alimony for disabled spouses will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in collecting alimony for disabled spouses.

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Family lawyer

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