Article 75 of the Family Code of Ukraine grants the right of maintenance to the spouse that is unable to work, in need of financial support, as long as other spouse can provide material support.
Article 76 of the Family Code of Ukraine specifies that marriage dissolution does not terminate the ex-spouse's right to maintenance, which arose during the marriage.
Whenever one of spouses was unable to obtain an education, be employed or hold an appropriate position because of brining up a child, keeping household, caring about family members, being ill or owing to any other circumstances whatsoever, he/she is entitled to a maintenance in connection with marriage dissolution even if he/she is employable, on condition that he/she needs material support and that the former husband, the former wife is able to provide such material support. In such a case, duration of the right to maintenance lasts up three years after the date of marriage dissolution.
In practice, Ukrainian courts rarely award the maintenance to ex-spouse, provided he/she is able to work. The average maintenance amount adjudged by court does not exceed official minimum wage that is around 150 USD per month.
As distinct from the ex-spouse’s maintenance the Family Code of Ukraine establishes the definite parents’ obligation to maintain their child till the full age (Article 180 of the Family Code).
At judge’s discretion, the child’s maintenance is awarded as a share of earnings of his/her mother, father and/or as a fixed amount.
In court practice amount of alimony awarded to the child may range from equivalent of 50 to 150 USD per month.
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