Joint income or separate income - should a husband support his wife during marriage?

Legal duty

Art. 89 of the RF IC says that husband and wife must support each other financially. This duty has an interesting essence. On the one hand, the law essentially says that every husband, when it comes to alimony for his wife, is obliged to allocate funds for his wife. But, if we analyze the text of this article further, we can come to the conclusion that the wife herself cannot in all cases ensure that the man fulfills this duty forcibly.

There are no questions regarding the voluntary fulfillment of the obligation. It is permissible to pay alimony to the wife on the basis of an agreement drawn up by a notary. An application to the court for forced withholding of funds can only be submitted in a number of cases specified in the law.

A woman can apply for alimony for herself, being a legal wife, in the following situations:

1. She is disabled and needs support. As a rule, we are talking about people with disabilities.
2. The spouse is pregnant or on leave to care for a child under 3 years old. However, the provisions of Article 89 are formulated in such a way that it is impossible to talk only about those women who do not work. It is much more important that the son or daughter is still less than 3 years old.
3. The payment period is extended until the common child turns 18 years old if he is disabled and his wife is caring for him. It’s a different story if the family has a child with the first group of disabilities. In this case, the collection of alimony for the maintenance of the current wife is permissible even after the son or daughter turns 18. The main thing is to establish the fact of child care.

Note that the law gives the right to demand payments during marriage from such a spouse who has sufficient funds for this. It is clear that the category is evaluative. And the court must assess the circumstances of the case in each specific case.

About the benefits of civil marriage

It’s hard to imagine that a man who decided to get married would make such a proposal to his girlfriend:

Expensive! I want you to be my wife. But I’ll warn you right away - I’m terribly lazy. I don't like studying or working, and my real hobby is lying on the couch and watching TV. Even if children appear, you will still have to provide for your family, run the household and raise the kids yourself. I definitely won't do this.

It is clear that the girl will immediately have a thought - either he is crazy, or this is an anti-proposal. But here's the funny thing - in many families this is exactly what happens.

Many women engage in self-deception - in pursuit of a stamp in their passport, they are ready to turn a blind eye to many things: that her chosen one is such a hulk and that it is difficult to push him off the couch or tear him away from a computer game. The woman hopes that she can somehow influence her husband and he will change.

When starting a serious relationship with a man, there is no need to urgently drag him to the registry office, much less have a child. Conduct a kind of “test drive” with him - test his suitability in the family by living together without marriage. Just don’t expect manna from heaven from him right away - just watch.

If he doesn’t even try to make life better, but simply gets by with his sabbaths, then you will have neither manna from heaven nor manna for your child. If you are satisfied with this option for male “real estate,” then go ahead to the registry office and don’t complain later. Such a man will definitely not support his family - this is his way of life.

Another useful article: How to love your husband again if your feelings gradually cool down

Obligations towards the ex-spouse

Is it necessary to pay alimony to my ex-wife? This is determined on a case by case basis. Art. 90 of the RF IC talks about cases when a husband is obliged to pay alimony to his wife during a divorce and after it.

Funds can be obtained in the following situations:

1. The wife is pregnant or raising a common child who is not yet 3 years old.
2. The wife takes care of a disabled child. In this case, it is important to establish that the ex-wife needs funds. In addition, the disability group of the minor is important. As a general rule, alimony for the maintenance of a former spouse caring for a son or daughter with disabilities is paid until the adult turns 18 years old. If a child has 1 group of disability, then it is permissible to demand payments even after he celebrates his 18th birthday.
3. Collection of alimony from a husband for the maintenance of his ex-wife is possible if she became unable to work before the marriage was dissolved. The wife can submit an application to the justice authority even if she has become unable to work and within 12 months from the date of divorce. But the fact of disability is not enough for a non-working woman to be recognized as the legal recipient of payments from the spouse with whom the marriage is terminated. It is also necessary to establish the fact that paying alimony to the ex-wife is a necessity due to her need for funds.
4. A pensioner who has become such within 5 years from the date the marriage was terminated can also demand payments. Alimony for the maintenance of an ex-wife after a divorce can only be awarded if the judge determines that the marital union has existed for a long time. In addition, it will be necessary to establish the fact that the woman needs money.

Again, it is advisable to apply for alimony for yourself only if the man has a sufficient amount of money, can easily satisfy his needs and allocate funds to the woman with whom he has been married for some time. The law speaks directly about this.

Inheriting property that was not divided after divorce

A spouse has the opportunity to claim half of the property jointly acquired with her husband in the following cases:

1. The couple were in a registered marriage, then officially divorced, but for some reason they did not divide the property.
2. The court decision on divorce and division of property came into force after the death of the husband.

For the first case, the limitation period is 3 years after the divorce. If the husband dies before the expiration of this period, the spouse will be entitled to half of the property acquired during the marriage. To receive this inheritance, the former spouse must file a lawsuit for the division of property jointly acquired with her husband. In this case, it is worth notifying the notary who is handling the inheritance case.

In the second case, the spouse needs to immediately contact a notary and write an application to enter into inheritance rights. That is, in such a situation, the spouse was not yet considered an ex-wife at the time of her husband’s death, and therefore she has the right to inheritance, like the heir of the first priority. Even if the husband wrote a will, the wife will have the right to her 50% of the property acquired during the marriage. The remaining 50% belonging to the husband will be divided between her and other heirs.

Opportunities for a common-law wife

Does a common-law wife have the right to alimony for her maintenance? The question is not theoretical. It is of great practical importance. Nowadays, quite a large number of couples do not want to formalize their relationship. Meanwhile, Art. 10 of the RF IC says the following:

• legal marriage is concluded in the registry office;
• The legal status of the spouses arises only after the official procedure for registering the marriage has passed.

That is, from here we can conclude that “common-law wife” is a concept that does not appear in the law. In particular, in Chapter 14 of the Family Code, which talks about the alimony obligations of spouses, nothing is mentioned about a common-law wife. We are talking only about spouses, current and former husband and wife.

Can there be a legal obligation to pay alimony in favor of a common-law wife? Obviously not.

From the point of view of the law, a man and woman who have not applied to the registry office, but live together, are not bound by any obligations established by family law.

Entering into inheritance on behalf of a minor child

All children of a legal spouse and former wives - natural and adopted - have an equal right to inherit their father's property. Deprivation of parental rights is not a basis for refusal of inheritance. In addition, minor children whom the father deprived in the will have the right to a mandatory share.

For minor children, all actions will be performed by their mother, if she is their legal representative. In this case, even if indirectly, the spouse receives part of the ex-husband’s inheritance.

What amount of payments can you expect?

When talking about the amount of alimony that must be paid to a spouse or ex-wife, it is impossible to name a specific amount or indicate the percentage of income to be collected, for example, for child support.

The court proceeds from the following circumstances:

1. Alimony for the maintenance of the current spouse or ex-wife is collected in an amount established based on the level of financial security of each party. It is not for nothing that when considering the grounds for collection, the discussion was about the fact that the spouse’s right to alimony arises if she is in need of funds. And you can collect money from the man who has it. Even if the law does not say anything about the need to establish the fact of need in relation to a specific case, and the wife demands alimony, the court must determine in what amount it is reasonable to assign payments so that the balance of interests of the parties is maintained. For example, if the wife does not work and the husband receives a salary above average, then it is obvious that one can claim a fairly significant amount of payments.
2. It is permissible to collect money for the maintenance of an ex-wife, as well as for the maintenance of a current spouse, taking into account the marital status of each party. In the case where the wife has filed an application with the court about the need for her maintenance, the judge must find out whether the parties have dependents and how their presence affects the income distribution procedure. For example, if a man has to support a second wife and child, then the first wife should not expect to receive a lot of money for her maintenance.
3. The amount of alimony for spousal support is established taking into account other circumstances that may be important to the case. In each specific case they are different. For example, the court must take into account that the husband cannot pay a significant amount to his ex-wife, since he has a serious illness and, at certain intervals, is forced to undergo expensive courses of treatment.

To collect alimony for maintenance and in the interests of the ex-wife, as Art. 91 of the RF IC, possible in a fixed amount. In this case, the paid funds must be transferred to their recipient once a month, at least.

How to inherit an ex-wife?

If your wife has the right to inherit from her ex-husband, you need to contact a notary. Usually you need to approach the specialist who supervises the area of ​​​​the husband’s last place of residence.

If a spouse claims to inherit under a will, then you need to provide the will itself, a passport, a death certificate and property documents. A complete list of documents can be found in the article “What documents are needed to enter into an inheritance.”

If the wife has the right to inherit by law as a disabled dependent or representative of a minor, she must provide the notary with:

• marriage certificate and court decision on divorce, which came into force after the death of the husband;
• documents confirming incapacity for work;
• receipts or bank statements about the husband’s transfer of money;
• witness statements;
• child's birth certificate or court decision confirming paternity.

You can learn in detail about the procedure for entering into an inheritance according to the law in the article “How to enter into an inheritance without a will after death.”

Sources:

Article 1117 of the Civil Code of the Russian Federation. Unworthy heirs

Chapter 63 of the Civil Code of the Russian Federation. Inheritance by law.

Article 1149 of the Civil Code of the Russian Federation. The right to an obligatory share in the inheritance

Article 333.24 Tax Code. Amounts of state fees for notarial acts

Preemptive right to items of ordinary home furnishings and household items during the division of inheritance

RF IC Article 38. Division of common property of spouses

Release from duty

Is it possible to challenge the need to pay alimony to my wife? Can a husband protest an obligation arising on the basis of the norms of the RF IC and a judicial act? In what cases is it not necessary to pay alimony to your ex-wife?

Art. 92 of the RF IC tells you how not to pay alimony for the maintenance of your wife on legal grounds.

We emphasize that the presence of grounds for exemption from payment of the amount voluntarily or collected forcibly does not mean that the submitted application for termination of the obligation will be satisfied in 100% of cases. These grounds exist so that the court can exercise the right to cancel or suspend payments.

However, judicial practice is evolving. Let us remind you that child support can also be canceled if, for example, the financial situation of the payer does not allow him to fulfill the obligation. In legal relations between spouses, it must be taken into account that payments are canceled if:

• the disabled wife became disabled due to the use of alcohol or drugs, or her commission of a crime;
• the spouse behaved inappropriately before the divorce and throughout the marriage and there is evidence of this;
• a pregnant wife or spouse raising a young child has remarried;
• The duration of the marriage was short.

Speaking about the last point, it should be noted that according to established practice, a short marriage is one that lasted less than 5 years. But the judge establishes the fact of the short duration of the relationship, based on his own convictions. It may even take into account that the relationship developed without children - their birth.

From ancient times to modern times

It so happened that the man is the breadwinner, and the woman is the keeper of the hearth. Previously, a man, due to his greater physical strength, obtained food and brought trophies on his shoulder. At that time, the woman was guarding the laboriously lit fire in the cave so that it would not go out. What now? Now the man's prey is money. But to earn them, he does not need to go far into the forest or steppe and fight wild animals with practically his bare hands.

To make good money, it is enough to have perseverance and a head on your shoulders. And the woman no longer needs to guard the fire. Accordingly, having a bit of brain cells and desire, ladies earn money just like men. And the role of the breadwinner is no longer alone. But it's not that simple. There are several scenarios worth considering.

Collection procedure

How to apply for alimony? You need to prepare a statement of claim - it is better to seek the help of a specialist. You can pay the state fee and go to the magistrate’s court even at your place of residence. Filing an application for alimony is not subject to a fee if the plaintiff is a disabled person of groups 1 or 2.

The issuance of alimony for a wife occurs in a judicial process, as a result of which a certain act is issued.

It is more important to try to answer the question of how to collect alimony according to the existing writ of execution. This is not always easy, even if the issue is handled by bailiffs. However, this is a topic for a separate article.

Marital duty from a moral perspective

A real full-fledged family is built not only on property and non-property relations between spouses, enshrined in legislation, and not only on sexual life.

A real family is built on the love and respect of partners for each other, loyalty, patience, spending time together and common interests, having common views on life, help, support and mutual assistance.

Marital responsibilities from a moral point of view are not fixed anywhere and are in fact informal, but in family life the fulfillment of these responsibilities is the norm for both spouses, as a matter of course.

Features of receiving alimony payments

When drawing up an agreement, the defendant will transfer funds on a voluntary basis:

• by transferring alimony to the card of the recipient of cash payments or to the child’s account;
• transferring funds in cash (in this case, you will need to draw up a receipt each time).

When going to court, you will need to have a writ of execution with you, with which you must contact the FSSP if the alimony refuses to transfer the required payments. Specialists will begin proceedings in this case. In addition, you can submit a writ of execution to the accounting department of the company where the alimony payer is employed.

All dots above i__i

It is actually not difficult for men to support a woman. They don’t like the prefix “should” and the behavior of some people who want to win the whole world for their beautiful eyes. It is important to understand some of the points that kept women automatically agree to. Being fully supported by a man, a woman does not have the right to vote. At all.

Everything will be as he said. Any objections and bickering are punished by separation from the trough. The woman does not ask questions about his affairs. How and where the money comes from is not her concern, and men are very annoyed by such interests. She doesn’t meddle in his affairs and doesn’t interfere with his work. Spontaneous visits to work and frequent calls will have to be eliminated. A man with money is powerful, he is accustomed to discipline and obedience, and does not tolerate objections and initiative. You need to be prepared for the fact that he will have affairs on the side. He will hold his wife accountable for unacceptable behavior and low grades from his children.

If a woman is not ready for such living conditions, then she will have to take her will into her fist, grit her teeth tightly and go to work. All girls want to be strewn not only with hugs and kisses, but also with precious metals. It happens that a woman will do anything—everything a man tells her—to be closer to a carefree life. It's the easy way. Submit yourself to the power of a man. But at the same time you need to be ready to break yourself.

But there is a thorny path - this is the road of independence and pride. It is complex and unstable. The woman who has passed him receives admiration and respect. It’s difficult to get your hands on such a person. Such a woman is a force to be reckoned with. She will not allow herself to become a kept woman because she values ​​her freedom and pride too much. Men are afraid of such ladies. Because they don't need money, they have it. They need love, respect and loyalty. A man who wins the heart of such a woman is lucky.

Alimony for a pregnant or maternity spouse

Despite the restrictions on a man’s rights to divorce during his wife’s pregnancy and the first year after the birth of a child, specified in Art. 17 of the RF IC, the spouse often still agrees to end the marriage and no longer wants to maintain a rapidly collapsing relationship that exhausts her morally and physically.

As for pregnancy, in this case a woman does not need to prove anything at all to receive alimony for her maintenance from her spouse. A certificate from the clinic confirming this fact is sufficient. This rule applies regardless of whether the marriage is valid or dissolved at the time of application. What is important is simply the presence of a pregnancy with a common child.