Alimony for the maintenance of the wife, and most often it is the spouse who needs financial assistance, is part of the support that the spouses are obliged to provide to each other. Marriage carries with it obligations to support each other financially. This also applies to former spouses.
Who is entitled to alimony for a wife?
A woman can count on alimony from her ex-spouse only in the presence of certain circumstances, namely:
- if she is disabled, the husband is obliged to pay alimony for the spouse during the period of her incapacity for work;
- during pregnancy and until the child reaches the age of three years, few people know that this clause also applies to the provision of the former spouse;
- a woman who takes care of a disabled child if she is experiencing financial difficulties.
Alimony for the maintenance of a spouse can be received by ex-wives who have reached retirement age, if the marriage was dissolved no earlier than 5 years before the precedent. At the same time, the court will certainly take into account what period of time the spouses spent in marriage and how much a woman really needs financial support from a man.
It should be said that the Family Code does not give a specific definition of what exactly is “neediness”. In each specific case, the court will individually decide whether the husband should pay alimony for the maintenance of his wife. At the same time, incomes will be taken into account to the level of necessary expenses, whether a woman has a source of livelihood, whether it is sufficient to receive a minimum set of products and services.
The question of the amount that the spouse should pay to support the woman is controversial. Its value is individual, it is set depending on many factors. In particular, these are the living conditions of a woman, her material well-being, and the income of her husband. The court may establish payments in hard currency, a multiple of the subsistence minimum or a certain part of it.
It is worth remembering that the subsistence minimum is set depending on the residence of the payer in a particular constituent entity of the Russian Federation, which means it can be different. Monthly maintenance payments may vary accordingly. As a result, alimony will increase when the subsistence level changes. This rule was introduced into the legislation of the Russian Federation in 2011.
If the agreement on the payment of alimony for the wife was concluded earlier, the court will reject the claim filed by the woman, giving the spouses the opportunity to sort it out on their own.
However, court proceedings are not mandatory when establishing alimony for the maintenance of a woman. The husband can make payments voluntarily. In addition, this clause can be included in the prenuptial agreement and become an integral part of it. An amicable agreement on the payment of alimony may be concluded between the spouses. If it is determined that the fee will be charged in hard currency, then the husband, or ex-husband, will pay a fixed amount of money every month.
It is worth remembering that a spouse can apply for alimony at any time. However, over the past time, she will be able to receive compensation for no more than three years preceding the date set by the court.
An indispensable point is that the obligations that a man has in relation to providing for a woman should not be confused with the maintenance of common children. These are different cost options.
Of course, a voluntary agreement is a more civilized way of settling a relationship than a court fee. No one, of course, plans to get divorced during the wedding, but nevertheless, it is worth considering various circumstances, including alimony for his wife.
When there is no need to pay alimony
The Family Code provides for the circumstances when payments to a woman cease. This happens if the wife leaves the decree and goes to work, and also enters into a new marriage. This requires proof from the payer. He will submit them to the court, if they prove convincing, then the burden will be removed.
The court has the right to refuse a woman if the spouse does not have a stable income, he has dependents, if she files for alimony for the maintenance of his wife.
