The right to maintenance after divorce in Ukraine
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- Dissolution of a marriage does not terminate the person’s right to maintenance that has arisen during the marriage.
- After the dissolution of marriage, a person has the right to maintenance if he / she became unable to work before the dissolution of the marriage or within one year from the date of the dissolution of the marriage and needs financial assistance, and if her ex-husband, ex-wife can provide material assistance.
- A person has the right to maintenance even when he became a person with a disability after one year from the date of divorce, if her disability was the result of unlawful behavior towards her ex-husband, ex-wife during marriage.
- If at the time of divorce through the registry office or court, a woman, a man before reaching the statutory retirement age has no more than five years left, she, he will have the right to maintenance after reaching this retirement age, provided that they have been married for at least ten years …
- If, due to the upbringing of a child, housekeeping, caring for family members, illness or other circumstances of significant importance, one of the spouses did not have the opportunity to get an education, work, or take a relevant position, he has the right to maintenance in connection with the dissolution of the marriage. and then, who are workable, provided that they need material assistance and that the ex-husband, only the wife can provide material assistance.
In this case, the right to maintenance lasts for three years from the date of the dissolution of the marriage.
Dissolution of marriage online through a court and the registry office does not terminate the person’s right to maintenance that arose from the husband’s wife during the marriage (Article 76 of the UK).
The right to receive alimony in court can be retained for one of the spouses even after the dissolution of the marriage without being present, if there are circumstances that give him the opportunity to receive alimony in marriage.
Persons entitled to alimony in Ukraine
First, the legislator determines the circle of persons who have the right to demand alimony in court. These include those of the spouses:
- who are incapacitated (i.e. married while being incapacitated or became incapacitated while married);
- who became disabled within a year after the divorce;
- who became disabled a year after the divorce in court, if the disability occurred as a result of the unlawful behavior of the former spouse during the marriage;
- who at the time of divorce through the registry office there are no more than five years left before reaching the statutory retirement age. Upon reaching the retirement age, these persons have the right to maintenance, provided that they have been married together for at least 10 years;
- with whom children under three years old live (and if children with physical or mental disabilities – up to 6 years old);
- ex-wife during pregnancy (in case of divorce from a pregnant woman);
- the one of the spouses with whom the children live;
- persons with disabilities.
Secondly, the former spouse has the right to demand the payment of alimony in court if he needs financial assistance. This condition does not apply:
- for one of the spouses with whom children under the age of three live (and if children with disabilities of a physical or mental nature – up to 6 years);
- for the ex-wife during pregnancy;
- on the spouse with whom the disabled children live.
Thirdly, the obligation to pay alimony can be imposed on one of the former spouses only if he is able to provide material assistance, namely, if he, after paying alimony to other persons, as well as the former spouse of the alimony, will have funds for his life.
Content right in Ukraine
As an exception, the law grants the right to maintenance to an able-bodied person, subject to divorce, if due to the upbringing of a child, housekeeping, caring for family members, illness or other circumstances of significant importance, one of the spouses was not able to get an education, work , to take the appropriate position, he has the right to maintenance in connection with the dissolution of marriage and when he is able to work, provided that he needs material assistance and that the ex-husband, ex-wife can provide material assistance.
The right to maintenance in this case lasts for three years from the date of the divorce in court. Therefore, together with the dissolution of the marriage, it is necessary to file a claim for the recovery of alimony. If, for example, one year has passed from the moment of divorce until the day the claim for the recovery of alimony was filed, the alimony will be assigned for years, since the right to maintenance in this case lasts for three years from the date of the dissolution of the marriage.
The uniqueness of the circumstances determined by Part 4 of Art. 76 SC, is that:
- the right to maintenance is granted to an able-bodied person;
- the right to maintenance does not depend on the length of the marriage;
- the right to content does not depend on the presence of children;
- The legislator connects the need for material assistance both with reasons of an objective nature (illness, caring for other family members) and with reasons of a subjective nature (housekeeping, raising a child).
Family lawyer for rights of maintenance after divorce in Ukraine
Professional family lawyers should be consulted to effectively resolve a maintenance right after divorce.
- provide legal advice on family matters;
- will help to determine the best option for solving a family case;
- prepare all the necessary documents;
- accompanies the course of the entire trial.
Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!
If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!
The first step towards success in a post-divorce maintenance rights case is to contact good family lawyers!
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