Alimony for the maintenance of a wife, a wife from her husband, the wife’s rights to alimony

Many believe that the legal practice of a man paying maintenance to his divorced wife, and even the expression “wife alimony” itself, fell out of use along with the development of women’s emancipation. But that's not true. According to Russian laws, in some cases a woman can count on alimony from her husband, not only her former husband, but also her present one.

And this will be alimony intended specifically for the spouse, and not for the child. Children's fees are paid separately. A pregnant woman caring for certain categories of children who is disabled is entitled to alimony. The conditions that are necessary to receive alimony will be discussed in the article.

Is a common-law wife entitled to alimony?

Many modern people are quite skeptical about the institution of marriage, believing that “a stamp in a passport does not change anything.” They live together and have children in a so-called “civil marriage.” By the way, the name is erroneous, since a civil marriage was originally called a marriage registered by state authorities, as opposed to a church one.

When applied to emotions, the “stamp” really “doesn’t change anything.” In the social space, everything changes radically. “Civil” couples often face unpleasant consequences that they do not think about at the beginning of the relationship. During separation, no court will help to fairly divide property and protect housing rights. Civil spouses are not included in the list of legal heirs. In the event of an emergency, they often cannot obtain information about their “other half”, because... it is given only to relatives, etc.

Same with alimony. Only the “real” wife has the right to them. “Civil” is not entitled to anything by law. She will receive child support (if paternity is voluntarily recognized by the man or proven by the court). Never on yourself.

Method 2 – bank account in the child’s name

The ex-husband can make payments to his wife’s card. But it is better to create a separate bank account in the child’s name and transfer money there.

In this case, the fact that the spouse provides for the son or daughter will be precisely proven. In addition, a sum will accumulate that can be spent on something significant.

This method is also good if the father is afraid that the mother will not spend the money she receives on the child. When opening an account, ask your bank how to limit withdrawals.

Alimony for wife during marriage

Financial support by spouses for each other is not only “normal” and “natural”. Its necessity is legislated (Article No. 89 of the RF IC).

This requirement of law and morality becomes especially relevant in the case of joint children. A pregnant woman, and a woman caring for a baby, is not able to earn her own living. “Children’s” state benefits are not designed to allow a mother and child to fully exist without it - it is only a small material benefit to ease the parental burden, intended exclusively for the needs of the child within the framework of state protection of his rights.

In such a situation, taking full responsibility for providing for the family is the direct duty of a man. And if he evades him, the law comes to protect the rights of his wife.

A woman can apply for alimony through the court and get her husband to allocate a certain amount of money for her monthly living.

Legal consequences of evading alimony obligations

If the mother of a child evades the obligations assigned to her, then she develops a debt. She may be subject to administrative or criminal liability.

Here is an approximate list of punishments that the mother of a child risks facing:

penalties, fines accrued for each new day of delay;
arrest of property belonging to a woman, their confiscation and sale (the proceeds from the sale are sent to the child);
a ban on traveling abroad if the debt is 10 thousand rubles or more;
confiscation of a driver’s license (but if a woman works, for example, as a courier and needs a personal vehicle or lives in a remote rural area, then her driver’s license cannot be deprived);
correctional, forced labor;
imprisonment for up to 12 months.

In extreme cases, a woman will be deprived of parental rights, but this does not exempt her from fulfilling child support obligations.

In what cases does a husband pay alimony to his wife?

So, according to the already mentioned article of the RF IC No. 89, in order to collect alimony from a husband for the maintenance of his wife, the following conditions are necessary:

Officially registered marriage
Wife who is unable to work and in need of financial support

The following circumstances make a woman unable to work and/or in need of financial support:

Pregnancy
Being on maternity leave (and a child under three years old)
Caring for a disabled child under 18 years old, plus her insufficient income
Caring for a child recognized as a disabled child, regardless of age (disability groups I and II), plus her insufficient level of income
Her personal and/or health-related disability

Let us dwell in more detail on the most common grounds for a wife to receive alimony from her husband.

Alimony for pregnant wife

Carrying a child in common with a man is a legal reason to seek financial support from your husband (or to the court, if the husband is against supporting his pregnant wife). No additional basis for alimony other than pregnancy is required. A simple certificate from the antenatal clinic is enough.

Alimony for a pregnant wife can be assigned both during marriage and after divorce.

ATTENTION! In legal practice, the father of an unborn child is automatically a man married to his mother. The “law of 300 days” is also in force (Article No. 48 of the RF IC). A man is considered the father of his ex-wife's child if less than 300 days have passed between the date of divorce and the birth of the child. If a man doubts his biological paternity, he will have to resort to genetic testing. There is no other way to avoid alimony for a pregnant wife, even if she is expecting a child from another man.

How much alimony will a pregnant wife receive from her husband?

This point is regulated by law (Article No. 91 of the RF IC). But the actual amount of alimony is not determined by the law. Spouses can:

agree on a specific amount yourself by concluding an oral agreement or writing and notarizing it
go to court, which, after considering all the circumstances and taking into account the man’s income level, will determine the amount of alimony

Alimony for a pregnant wife, unlike child support, is never assigned in the form of a percentage of income - only in the form of a fixed monthly amount.

Alimony for spouse on maternity leave

In Russia, a woman’s right to a four-month “sick leave” for childbirth and partially paid leave to care for a child up to 3 years is legally enshrined. But state benefits, although they provide tangible assistance to wealthy families, do not fully cover the needs of the mother and child if the husband does not “feed” the family.

Alimony from the husband is considered an additional way to protect the rights of motherhood and the rights of the child. A man is required to support the mother of his child (in addition to child support) for the first three years.

If the child is disabled, alimony for him and his wife can be collected until the age of 18 or indefinitely (depending on the disability group and other circumstances)

How much alimony is due to a wife on maternity leave?

As mentioned above, the specific amount is not indicated in Article No. 91 of the RF IC, which regulates this issue.

The general principles are the same as in the case of paying “pregnancy alimony”:

you can negotiate on your own
you can sue

Alimony for a mother on maternity leave is also collected exclusively in a “firm”, fixed form, based on the level of PM in the region. If at the same time alimony is being collected for a child or children, it can be calculated as a generally accepted percentage of income (25% for 1 child, 33% for 2, 50% for 3+)

ATTENTION! Child support for triplets plus their mother is one of the rare cases where a man's child support payments can exceed half of his income. In normal situations, more than 50% cannot be recovered. But since such cases are considered exceptional, a deduction of up to 70% of the salary is allowed

Voluntary payment of alimony by mother to father of child

If the parents of a minor child are married and have undergone the emancipation procedure, then they are entitled to independently enter into a notarial agreement on the payment of alimony.

If the minor parents are not married and have not undergone the emancipation procedure, then the legal representatives of the minor parents, acting in their interests, can enter into a notarial agreement on the payment of alimony. If one of the minor parents has not reached the age of 16, the child’s guardian will be a party to such an agreement.

A sample agreement form should contain:

Full name, personal and passport data of the parties to the agreement, legal representatives of the parties, as well as the child for whose maintenance alimony is paid;
Amount of alimony, conditions for indexation of alimony, terms and procedure for their payment;
Additional conditions that do not contradict the law;
Signatures of the parties and their legal representatives.

IMPORTANT : the agreement on the payment of alimony must be drawn up exclusively in notarial form and duly certified.

Alimony to wife after divorce

It is believed (and not without reason) that if it was not possible to reach a normal agreement peacefully, it is much more difficult to collect alimony from the husband in court after a divorce. Women are ready to do this for the sake of their children in order to force “irresponsible” fathers to participate at least a little in their upkeep. But it is extremely rare that they put forward claims to collect alimony on themselves.

And, by the way, in vain. The law guarantees their protection, and the ability to use the provisions of the law is the effective protection of one’s civil and personal rights.

In the meantime, let’s consider in what cases the ex-wife has the right to receive alimony from her husband, and under what conditions.

Grounds for paying alimony to an ex-wife

We have already discussed the conditions associated with pregnancy and childcare. There are several other grounds for alimony that apply only to women, regardless of children, their age and state of health:

A woman lost her ability to work (became disabled group I or II) during marriage or during the first year after divorce. At the same time, she was recognized as needy - in a difficult financial situation
The woman lived in marriage with this man for a long time and reached retirement age 5 or less years after the divorce. At the same time, she must also be recognized as needy, low-income

Terms of payment of alimony to ex-wife

So, as can be understood from the previous section, two conditions are required - disability and need - for a woman to receive the right to receive alimony from her ex-husband. Let's look at them.

Disability is a person’s condition in which he cannot work regularly and receive normal earnings. In addition to pregnancy and round-the-clock care for babies, of course, retirement age or disability of group I or II makes a woman incapacitated.

Neediness is a financial situation that does not provide the opportunity to satisfy the basic needs of life. There are a number of generally accepted markers for determining need - for example, the discrepancy between the income of the PM (income means the totality of pensions, social benefits, and possible earnings). The degree of need is determined by the court taking into account specific circumstances (for example, the need for expensive treatment or supportive procedures to prolong life).

ATTENTION! To receive alimony from her ex-husband, the wife must meet both conditions: be disabled and in need at the same time. This doesn't always match. For example, a successful businesswoman who falls ill and becomes disabled is not in need - she has a decent income, savings, or at least the opportunity to sell the business. A young, healthy, unemployed woman is certainly in need. But she has the opportunity to support herself, since she is able to work.

Need and disability must be proven only in cases where alimony is collected exclusively from the wife. Alimony for wives who care for small children and disabled children does not require proof of the woman’s incapacity and need.

Is it possible to reduce the amount of payments for a child?

The legislation of the Russian Federation provides for situations in which the amount of alimony for a child can be reduced. To do this, the payer must have compelling reasons, for example, a sharp deterioration in the financial situation of the payer. But, first, an assessment is made of the real financial situation of the minor and the conditions of his detention. A mother who pays alimony can file a claim to reduce its amount, but this requires compelling reasons and this should not in any way affect the financial situation of the child.

For example, if a mother gets sick in one of her close relatives and she needs financial help with his maintenance, she can reduce the amount of alimony for a certain time. Also, the mother could receive the status of disabled, as a result of which her financial situation sharply worsened. In such a situation, the amount of child support payments may be revised.

If a common child gets sick and it is necessary to cover large expenses for his treatment, then the amount of payments, on the contrary, may be increased for a certain time.
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Alimony to the wife of a disabled person and a pensioner

So let's repeat. According to Article No. 90 of the RF IC (clause 1), an ex-wife has the right to receive alimony from her ex-husband if:

became disabled during marriage or the first year after divorce
reached retirement age less than 5 years after the divorce, in cases where the marriage lasted long enough

How much alimony will a disabled wife and a pensioner receive from her husband?

As in most “alimony” articles, No. 90 (clause 1) of the RF IC does not provide any specific amounts. It only states that former spouses can:

reach an independent agreement on an amount that suits both (orally or in written, notarized form)
go to court, which will calculate a fixed alimony rate based on the specific situation

ATTENTION! The law does not provide for either a maximum or minimum amount of such alimony. If the ex-spouse is wealthy and compassionate, he may voluntarily provide the disabled ex-wife with enough money so that she does not need it (but in such cases there is usually no need to resort to court assistance). The court usually assigns small amounts (a percentage of the PM). If the ex-husband is a pensioner himself without additional income (or with unofficial income, the presence of which cannot be proven), he will not receive alimony at all.

Payment terms

Having decided whether the mother should pay child support, it is worth figuring out how long this should last. There are not many options for terminating alimony obligations. Some of them stem from the provisions of Chapter. 13 of the RF IC, part described in Art. 120 of the same Code:

death of the payer or recipient;
reaching adulthood followed by gaining the ability to work;
acquisition of working capacity by a child over 18 years of age (removal of disability);
emancipation (gaining legal capacity before reaching adulthood).

The child support obligation will be terminated if the child moves from his father to his mother and becomes fully dependent on her. In this case, the responsibility to provide financial support is transferred to the father, with whom the child ceases to live. But in the event of family reunification, the obligation to make alimony payments will be terminated only if the recipient (his legal representative, the interested party - the father of the child) withdraws the case. If payments are simply stopped, liability will arise as defined by law.

When does a wife lose the right to alimony from her husband?

According to the law, a husband (both former and current) is exempt from paying alimony to his wife in the following cases:

The marriage did not last long (the law does not contain an exact period, the court is guided by the circumstances)
The wife has behaved or is behaving inappropriately in the marriage (abuses alcohol or drugs, does not take care of the children, demonstrates immoral behavior, etc.)
Disability occurred through the fault of the woman herself (usually as a result of the same drug or alcohol abuse)
After a divorce, a woman entered into a new marriage (even if it was short-lived and broke up at the time she received disability)

In addition, as mentioned earlier, the determining factor for this type of alimony is the husband’s financial ability to support his ex-wife. Only his official income is taken into account.

ATTENTION! In the case of “child” alimony, the court is always ready to accommodate in order to enable the woman to prove that her ex-husband has hidden income or unofficial earnings (since we are talking about protecting the rights of the child, which is a kind of “legal trend”). When collecting alimony for your ex-wife, everything is much more complicated. An experienced family law attorney may be able to help you succeed. But a lot depends on the characteristics of each specific situation.

Amount of alimony

There are two ways to determine the amount of alimony for a minor child: in a fixed amount or as a percentage of earnings. In the second case, the amount of payments will be 25% of income for one child, 33% for two children and 50% for three or more.

The exact amount of payments may be specified in the child support agreement between the parents or in a court decision. In the first case, it is impossible to indicate an amount lower than the one that would be due to the child by law.

If a parent evades his responsibility to provide financial support for a minor child, he may be subject to criminal or administrative liability.

Voluntary procedure for obtaining alimony for a wife from her husband

Article No. 91 of the RF IC provides for the possibility of concluding a voluntary alimony agreement between a husband and wife (it makes no difference whether they are divorced or remain married).

This could be a simple verbal agreement. In a legal sense, it is similar to a “civil marriage” - its implementation depends entirely on the goodwill of the parties. If the husband “promised” alimony but does not pay, there is no leverage over him. A written and notarized agreement has the force of a writ of execution.

A written child support agreement must contain:

All passport data of both parties: full name, series/number, by whom it was issued, place of permanent registration and place of residence, if it does not actually coincide with registration
Grounds for payment of alimony and list of agreements reached:
the amount and frequency of its payment (you can agree on weekly, monthly, etc., payment)
method of transferring funds (in person, by transfer, to a card)
all additional conditions are at the discretion of the parties
Date and personal signatures of husband and wife

You can find examples of such agreements and focus on them. Or contact a family lawyer from the Prav.io portal. They will explain to you how to correctly compose a document or give you a verified link to safely download the sample.

How to file for alimony for wife maintenance?

If it was not possible to conclude a voluntary agreement, you can (and should) try to protect your rights through the court.

Procedure

If you have already had experience in filing a claim in court for child support, we will not tell you anything fundamentally new - everything is done in approximately the same way.

The only thing is that it is still worth seeking free legal advice on our portal. Firstly, the lawyer will analyze a specific situation from the right point of view, predict the chances of success, and give practical advice. Secondly, confirmation by a specialist that you are right will give you confidence and help you overcome difficulties.

Next everything is according to plan:

Prepare a claim (more on that below)
Collect all necessary documents proving your disability and need, or pregnancy and presence of children in need of care
Pay the fee
Submit the claim, accompanying documents, and a receipt for payment of the fee to the court office (it is advisable to do this at your husband’s place of residence, but you can do it in your own way if you are disabled or “home-bound” by children)
Wait until you receive notification of the place and time of the meeting (usually the meeting is scheduled a month after filing the claim)
Take part in a meeting or meetings (sometimes a case requires several). If there are several hearings, behave correctly towards the court (this is important). For example, if you cannot arrive at court at the time specified in the agenda, notify the court about this in advance and ask to postpone the hearing.
After a positive decision has been made for you, take the writ of execution and bring it to the FSSP so that the bailiffs can forcibly collect alimony from the defendant

Statement of claim

The requirements for it are determined by articles of the Code of Civil Procedure of the Russian Federation No. 131 and 132.

ATTENTION! Use a business-like formal style, avoid corrections and erasures, follow the order in which the facts of the case are presented. Make sure that all necessary information is provided. You can use a sample from the Internet or order a free consultation with a lawyer who will help you.

The procedure for presenting information and facts in a statement of claim:

“Hat” is the full name of the judicial body to which you are applying
Your passport and contact details
Passport and contact details of the defendant
“Claim for alimony” is a preparation
Next, proceed to a statement of the circumstances of the case. First of all, you should indicate the date of registration of marriage and divorce, the length of time you were married. Then, depending on the circumstances:
Having small children or disabled children
Own disability or retirement age
Information about needs and needs that cannot be satisfied
Mention of the provisions of articles of the RF IC No. 89-91, which serve as the basis for collecting alimony in your favor
Claim for the recovery of alimony from a former or current husband
List of documentary attachments to the claim
Date and signature

Documentation

Article No. 132 of the Code of Civil Procedure of the Russian Federation requires documentary evidence of the circumstances set out in the claim. Therefore, it is necessary to prepare copies of:

Passports (all)
Marriage or divorce certificates (all)
Children's birth certificates (if child support is related to child care)
Pension or disability certificate (if alimony is related to disability)

And also information:

from the housing office about family composition
about income (your own and the defendant’s, if possible)
medical evidence confirming the need for treatment

ATTENTION! Each specific situation may require additional documents that will have a positive impact on the very fact of receiving alimony and its amount. It is better to consult with a lawyer about this in advance.

Procedure

During the hearing(s), the court considers the claim, listens to the parties' arguments, and may require additional documents or call witnesses.

The defendant has the right to file a counterclaim, and both parties have the right to file motions for whatever they see fit. Throughout the process, the plaintiff and defendant can negotiate and enter into a settlement agreement. If it is drawn up correctly and does not infringe on the rights of any of the parties, the court will approve it.

Otherwise, after a comprehensive review of the case, the court will decide to pay alimony or refuse to pay.

Deadlines

As a rule, court decisions come into force within a month. Child support cases are an exception. Decisions on this matter come into effect immediately. Immediately after receiving the verdict, you can go to the FSSP and submit an application for forced collection of the due amount.

When exactly the money will be transferred depends on how the bailiffs work. This usually occurs 1-3 months after the application is submitted.

Expenses

The alimony process is not one of the “expensive” ones. According to the Tax Code of the Russian Federation (Article No. 333, paragraph 1, paragraph 14), the fee is 150 rubles. In the case where alimony is required by both mother and child - 300 rubles.

But, if the claim is satisfied, the fee will be collected from the defendant, the plaintiff will not have to pay.

Additional costs may include postal, stationery (for copies), notary (if a power of attorney is issued or certification of documents is required). In the case of legal support, this is a fee for the lawyer.

Amount of alimony

When calculating a specific amount, the court takes into account the following details characterizing the defendant:

His health and age
Duration of marriage
Current marital status (presence of children and dependents)
Amount of income, presence of other alimony obligations or debts
Other circumstances depending on the situation

ATTENTION! The amount of alimony ordered by the court to a wife is fixed as a “fixed” amount and can vary from several hundred to several thousand rubles. In practice, he almost never reaches the PM. If the ex-husband has the financial ability to pay more, it is reasonable to agree on this voluntarily.

The procedure for forced collection of alimony

It is no different from the forced collection of child support.

After receiving a positive court decision, the plaintiff applies to the FSSP to open enforcement proceedings. Deductions are made from the salary, pension, or any official income of the defendant. The funds are transferred to the plaintiff.

Does the mother pay after abandoning her child in the maternity hospital?

Unfortunately, cases of child abandonment in the maternity hospital do occur. It is not always the case that a girl comes to give birth, already knowing that she will leave the newborn behind.

The reason for such a decision may be fear of public opinion after the birth of a disabled child or the emergence of problems of a psychological or other nature. Often the reason for abandoning a child is female alcoholism. The official refusal is issued at the maternity hospital; the documents contain complete information about the mother.

The consequence of such a step is deprivation of parental rights, which is not at all a reason for exemption from child support obligations. Based on the refusal, the guardianship authorities decide in court the issue of the possibility of withholding alimony in favor of the refuser.

The court decision is standard:

loss of parental rights;
loss of the opportunity to receive financial support from the child in the future;
loss of opportunity to communicate with the child;
loss of inheritance rights (in the event of the death of a child).

In this case, the mother is obliged to pay alimony in the required amount until she reaches adulthood. Only after adoption is this obligation removed. In the future, worries about maintenance fall on the new parents (adoptive parents).

Refusal of mandatory alimony payments entails an increase in debt, the accrual of penalties and forced collection.

Legal assistance

“Alimony” cases are very complicated. Wives want to get as much as possible, and husbands want to pay as little as possible. This conflict can be resolved in different ways, since the law allows the case to be considered from different positions.

Lawyers of the Prav.io portal strongly recommend that, before making a decision on legal proceedings, you at least seek advice. An experienced family lawyer will “sort everything out” and tell you which solution will be optimal - enter into an agreement or go to court.

And in cases where a peaceful resolution of the issue is impossible, it will help to correctly draw up a claim, collect and formalize evidence. A lawyer will effectively represent the client's interests in court. Legal assistance may be needed not only by recipients, but also by alimony payers.

How to get child support for minor children?

Despite all the legality, no one will allow children from 14 to 18 years of age to independently represent their interests in court, so they can file for recovery of financial resources from their parents only through a legal representative: a relative, guardian, trustee. And only after reaching the age of majority, a citizen of the Russian Federation can independently submit an application to law enforcement agencies for material compensation and represent his interests in court.

The reasons for a child filing a claim for child support are the same for both minors and adult children.