THE RIGHT OF ONE OF THE SPOUSES TO MAINTENANCE (Alimony)

One of the most important factors of a successful and strong marital relationship is support, a sense of responsibility, and care from the husband and wife. They should be a reliable support for each other, especially when situations occur in life, as a result of which a person is not able to fully provide for his needs. This is also emphasized by the family legislation of Ukraine, having established the provisions concerning the rights and obligations of spouses regarding maintenance and payment of alimony.

What are the grounds for maintenance by one of the spouses of the other?

First of all, an incapacitated husband or wife who needs financial assistance is entitled to maintenance, provided that the other spouse can provide it. To this category of persons belong:

• Pensioners;
• Persons with disabilities;
• Persons whose income is below the subsistence minimum.

In addition, the law enshrines the possibility of receiving the specified assistance for the pregnant wife, as well as for the parent with whom the child lives.

How can such assistance be provided?

• If the spouses can agree on this issue:

In this case, individuals independently decide what is necessary to fully meet a person's needs - it can be help in kind or in money. The next step is to conclude a maintenance agreement, which must specify all the conditions, amount and terms during which alimony will be paid. It is important that this contract must be in writing and notarized, and in case of violation of its terms, alimony can be collected with the help of a notary's executive inscription.

• In court:

The spouse in need of financial assistance has the right to apply to the court with a statement stating all the circumstances and reasons for the need for support. In such a case, alimony is awarded with the help of a court decision from the day the lawsuit is filed. The amount of monetary assistance is determined taking into account the income of the other spouse, the possibility of supporting the person by adult children or parents and other factors.

Does the right to maintenance remain after divorce?

As a general rule, divorce does not affect the maintenance of a person established in marriage. In addition, there is a possibility of maintenance after the dissolution of marriage if one of the conditions is present:

• the person became unable to work while being married or within one year after its dissolution;
• the person became disabled due to illegal actions of the other spouse against him;
• if the husband or wife does not have the opportunity to get an education, work due to the need to raise children, illness or other circumstances of significant importance.

When maintenance of one of the spouses is terminated?

This right is terminated in the event of the person regaining his capacity for work, the absence of a need to receive financial assistance, the expiration of the established term, or the inability of the payer to provide such assistance. In case of maintenance of a person by an ex-husband or wife, the moment of termination may be the registration of a remarriage with them.

The parties also have the right to enter into an agreement on termination of maintenance in exchange for acquiring the right to ownership of real estate or receiving a one-time monetary payment.

Lawyers and attorneys of the Law Company "Prykhodko & Partners" have many years of experience in solving issues related to maintenance of persons in need. Our specialists will be able to explain the nuances of this procedure, answer all questions and protect your rights and interests by providing legal support for the case.