Alimony for wife support
When filing for divorce, people are rarely interested in further communication and support. However, there are situations when one of the spouses has to take care of and help their former other half financially.
Appointment of alimony for wife after divorce
Alimony is usually assigned to a man if, for one reason or another, he cannot provide for himself financially. Articles of the Family Code of Ukraine determine that there are grounds for this.
- The man lost his ability to work. This could happen both during the marriage and within a year after its dissolution.
- One of the former spouses reached retirement age no more than 5 years after the divorce. In this case, the marriage had to last a long period of at least 10 years. As an explanation, we can give the following example: the wife spent most of her time doing housework or raising children and does not have sufficient experience for acceptable pension payments.
- The wife is entitled to alimony if at the time of the divorce she has common children under the age of three. This is due to the fact that during parental leave, women, as a rule, cannot work, and therefore cannot provide for themselves. The alimony that the ex-husband already pays for the child is intended to satisfy only his needs and has no direct relation to the mother.
- A man takes care of a disabled child. If we are talking about disability since childhood, then payments are assigned indefinitely, in all other cases – until the child reaches adulthood. Naturally, in a similar situation, a person often does not have the ability to work fully and provide for his needs.
After a divorce, both parties have the right to receive alimony: both the husband and the wife. However, as soon as a new marriage is required, all payment obligations cease.
Amount and procedure for collecting alimony for a wife
If alimony for a man was assigned by a court decision, then the second is obliged to pay it monthly in a fixed amount of money, a multiple of the minimum subsistence level of citizens. In this regard, payments are subject to indexation. In other words, if the cost of living of citizens changes, then the amount of alimony also changes.
In case of evasion, the party not receiving payments may go to court to recover them from the unscrupulous ex-spouse.
Documents for alimony for wife after divorce
To file a claim in court for the recovery of alimony, you must collect a package of documents. The mandatory list of papers, regardless of the basis for material payments, includes:
- Marriage certificate;
- certificates of income of the plaintiff (applicant) and defendant;
- documents proving that the defendant has additional income (if relevant to the situation);
- court decision on divorce;
In this case, the plaintiff does not need to pay a court fee.
The remaining documents depend on the circumstances of the case and the grounds for collecting alimony.
In what cases can you not collect alimony for a man?
The circumstances under which one of the spouses does not have to pay alimony to the husband or wife after a divorce are regulated by the articles of the Family Code of Ukraine.
- The man’s disability is due to his unacceptable behavior. In other words, he himself is to blame for this. As well as the fact of alcohol, drug abuse or crime. In such a situation, the defendant, in order not to pay alimony, must prove a direct connection between these facts and the plaintiff’s loss of incapacity.
- The party seeking alimony is behaving in an immoral or disgraceful manner. This could be simple drunkenness, abuse of family members or violence against the defendant, commission of crimes, etc.
- Durability of marriage. The judge decides that family life was too short by analyzing its circumstances. As practice shows, if a marriage lasted less than 10 years, it is definitely recognized as short-lived.
Alimony for a man after a divorce can only be assigned if the marriage was officially registered with the registry office.
Alimony for spousal support: results
From the above, several main conclusions can be drawn:
- Spouses can voluntarily enter into an agreement on alimony, in which they themselves determine the amount of payments and their order. In other cases, everything will be decided in court.
- Women with children under three years of age, as well as spouses who have lost their ability to work or have reached retirement age have the right to financial assistance. Alimony for disability is paid only if its cause is not caused by the inappropriate behavior of the claimant.
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 spousal support during a divorce.
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