Many have heard about this concept, like child support. However, not many know that there are alimony for the maintenance of another spouse, for example, his wife. The spouses have obligations - to support each other financially. In the Family Code of the Russian Federation this duty is prescribed in Article 89 paragraph 1. In this regard, if one of the spouses does not want to follow this law, the other spouse may apply to the court for the appointment of alimony.
In the IC of the RF in the same article, only in paragraph 2 are the persons entitled to claim alimony through the court with the spouse. The list of persons who can count on alimony:
- the spouse during the gestation of the common child and the next three years;
- needy incapacitated spouse (with non-working disability group or pensioner);
- a needy spouse who brings up a disabled child (general child) under the age of 18, or takes care of a disabled child of the first group from childhood.
If one of the spouses is not able to support himself, he can demand alimony in court. However, in this paragraph there is a reservation narrowing the circle of persons who can count on similar alimony. "... To demand alimony from a spouse who has the necessary means in court can ...." That is, it turns out that if the spouse does not work at all or the wage is enough only for the maintenance of a common child (or children), then most likely the wife will not be able to receive alimony for her maintenance.
Divorced
Article 90 of the Family Code of the Russian Federation spells out the alimentary obligations of the spouses to each other, who are divorced. Not all ex-spouses can count on alimony. If the former spouse has the necessary means to pay maintenance, the alimony can receive:
- the former spouse during pregnancy (if bearing a joint child), and the next three years;
- a needy incapacitated former spouse who became disabled after divorce within a year or even before the dissolution of the marriage;
- a former spouse who needs help and cares for a common disabled child until he is 18 years of age, or if the child is a disabled child of Group I from childhood;
- a spouse who has reached the retirement age and needs help, but only if the spouses have been married for a long time, and after the dissolution has passed no more than 5 years.
Exemption from payments
The Family Code of the Russian Federation provides for article (92), which exempts the spouse (the former spouse) to pay alimony to a disabled spouse who is unable to work, or to limit payment of alimony by a certain period if:
- the reason for the incapacity of the needy spouse was the abuse of drugs, alcoholic beverages or because he committed a willful crime;
- the spouse, who requires payment of alimony, behaves unworthily in the family;
- the couple had a short marriage.
The amount of maintenance for the maintenance of another spouse
The agreement is concluded if both spouses agree with the conditions and requirements. But if the couple can not agree, then the amount of alimony is established in court. At the decision the court takes into account the family and material status of both spouses (ex-spouses), the other interests of the spouses are taken into account in a firm financial amount that is subject to monthly payment.
Termination of nutritional obligations
Payment of maintenance that was collected in court according to Article 120 clause 2 of the Criminal Code of the Russian Federation shall be terminated if:
- the court found that the recipient of alimony ceased to need help or became able-bodied;
- if the needy disabled former spouse-the alimony recipient has entered into a new marriage;
- If the recipient of alimony or the person paying alimony died.
Circumstances and terms
Article 107 of the Criminal Code states that a person who has the right to receive alimony can apply to the court to recover them. It does not matter how much time has passed since the appearance of the right to alimony. Alimony in this case can be obtained in the past 3 years. But you will only have to prove that you first took measures to receive funds for maintenance and only after you received a refusal to pay child support, you applied to the court for such a claim.