Alimony in Russia
Alimony in RussiaUpdated on Monday 18th April 2016
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The alimony or spousal support is a payment made to an ex-spouse by the other after the break-down of their marriage. This payment is awarded under specific conditions and whereas child support, being a parental duty, is seen as mandatory, spousal support is seldom awarded as the grounds on which it can be done are very strict and limited. It is usually recommended that you seek counsel from a law firm in Russia specialized in family law matters, as the procedures for solving alimony, child support, child custody issues etc, can often be delicate.
Conditions for alimony in the Russian Federation
Despite the fact that the Family Code includes a general rule that stipulates spouses should support each other from a financial point of view, an ex-spouse is only entitled to alimony when:
- • it is about a pregnant wife or within three years from giving birth to a child that she has with her ex-husband;
- • taking care of a disabled child (until he/she turns 18) and cannot meet the costs of living;
- • he/she has reached pension age (during the first five years after divorce) and they have been married for an extended period of time.
If you need assistance in legal family issues, our law firm in Russia can make sure that you will be granted professional advice and guidance through any process that has to be completed.
An agreement between the ex-spouses can determine the amount of alimony and the conditions, procedure for paying it after the couple's divorce.
Calculating alimony and terms of refusal in Russia
If they cannot reach an agreement with regard to the spousal support, the amount that shall be paid is to be determined by a court, in a judicial context, taking into account all the details of the spouses' condition, their family status and other aspects of the parties that can be of interest. The court then decides the payment that has to be awarded monthly. Our attorneys in Russia can provide you with complete information on these terms and conditions, so do not hesitate to contact us.
However, there are situations in which the alimony can be refused to the spouse (even though he/she falls into a category from the above), such as:
- - if the incapacity to work is due to drug abuse (alcohol, narcotics) or intentional criminal acts;
- - if the spouses were married for a short time;
- - in case of misconduct in the family.
Another important aspect is that the spouse paying the alimony to the other one has to announce any changes (place of residence, work etc) and new earnings. Failing to do so brings him/her to court and be judged as established by law.
Spousal support is rarely awarded, but if the case gets to court, we advise you to contact our Russian lawyers, as these procedures can be time-consuming and delicate to handle.