Alimony for pregnant wife

Alimony for a pregnant or maternity spouse

No matter how paradoxical it may sound, alimony is not only the lot of divorced people.
The need to collect them may arise even while you are married. The legislator provides for the obligation of spouses to financially support each other. This norm is prescribed in Article 89 of the RF IC. It is assumed that the husband and wife will independently agree on the amount of maintenance, but there is also provision for “distribution of the family budget” in court. In the vast majority of cases, women enjoy this right. Such a need may arise when the wife cannot work and the husband refuses to provide her with funds. Then the court will oblige the husband to pay alimony for the maintenance of his wife. Family law experts remind you that in order to collect alimony payments there must be compelling reasons and they are clearly stated in the Family Code.

They can count on:

• Spouses who are in an officially registered marriage;
• A spouse who is recognized as disabled and in need;
• A pregnant wife, or a mother who is raising a child under 3 years of age;
• One of the spouses who is entrusted with raising a disabled child until he reaches 18 years of age, or a group I disabled child on a permanent basis (such a parent is recognized as needy for life).

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.

A similar rule applies to a mother raising a child until he is 3 years old. While on maternity leave, a woman is physically unable to work and support herself, so this responsibility falls on her husband. It doesn’t matter whether the child was born in marriage or after the parents separated.

The main thing is that this happens no later than 300 days after the official divorce of the spouses. If a man doubts that the child is his, he can establish paternity in court. If the examination confirms doubts and infidelity of the other half, alimony for the wife will not have to be paid.

In order to find out what rules apply to spouses between whom alimony relations have arisen, you need to open the fourteenth chapter of the Family Code. First of all, we advise you to pay attention to Article 89, the first paragraph of which states that the husband is obliged to provide financial support to his wife, and the wife, in turn, to the husband.

If these actions are not carried out at the own request of one of the spouses, then the second has the right to withhold alimony payments from his profit. Exactly the same privileges apply to pregnant wives, even those who are currently divorced.

Some women expecting a child, who were unable to conclude a notarized alimony agreement with their husband, when applying to the courts with this request are refused. In most cases, this happens because applicants for accrual of cash payments did not take into account the following details:

• The spouse must have a low income. A wife demanding alimony compensation from her husband must necessarily be in financial need. Moreover, this fact must not only be indicated in the statement of claim, but also confirmed by attaching a certificate of income 2-NDFL.
• The spouse must prove her pregnancy. The right to alimony is granted to an individual based on a certain circumstance approved by the Family Code. Since in this case the role of such a fact is pregnancy, a corresponding certificate from the hospital is required. However, such a document is not issued in the early stages. In this regard, the calculation of alimony benefits will need to wait.
• The spouse does not have to draw up a pre-alimony agreement. In the history of judicial practice, there have been situations when a pregnant wife entered into an alimony agreement with her husband at a notary, and then additionally filed a claim with the judicial authorities containing a demand for re-collection of alimony benefits. If an agreement has already been drawn up, then it will not be possible to achieve the accrual of material payments again.

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Can a pregnant wife apply for alimony?

According to the general rules, if it is necessary to receive financial assistance, a citizen who has expressed his intention to collect funds has the right to agree on the payment of alimony on a voluntary basis or go to court to obtain a court decision. Guided by the provisions of the Family Code of the Russian Federation, namely Chapter 14 of the legal act, a pregnant spouse has the opportunity to file for alimony in court if the ex-spouse refuses to enter into an alimony agreement. It is worth keeping in mind that according to Russian legislation, going to court to collect alimony during pregnancy will be legal if the following conditions are met:

• According to the content of article number 89 of the RF IC, a pregnant wife is obliged to confirm the existence of a registered relationship. The absence of an official document on the registration of the marriage union indicates the absence of mutual rights and obligations. According to the law, the applicant has the right to expect to receive alimony for the maintenance of his pregnant wife during marriage or after divorce;
• A pregnant woman is obliged to confirm the fact that the child is common. According to article number 48 of the RF IC, if a child was born within 9 months after the spouses’ divorce, the ex-husband is considered his father, and therefore is obliged to pay alimony not only for the maintenance of the woman in the situation, but also for the common child;
• Proof of the ex-wife's need for financial assistance during pregnancy. To do this, you need to present a list of the woman’s monthly expenses, checks, receipts;
• An appeal to the court would be advisable only if the ex-spouse refuses to provide financial support to his pregnant wife after a divorce. The basis for collecting alimony payments is the presence of a pregnancy certificate obtained at the place of registration of the woman;
• Payment of alimony for the maintenance of the ex-wife is carried out from the moment the child is conceived until the age of three.

Legislative norms

The need to pay alimony to a pregnant wife is laid down in paragraph 90 of the Family Code. The amount is regulated by the following article - 91. It obliges the court to award alimony to a woman during pregnancy in a fixed amount. The law requires compliance with such requirements by the court. But there is another possibility.

Attention: the maintenance of a pregnant woman can be established:

• voluntary agreement;
• court decision.

In addition, the situation is influenced by the regime of property relations existing between spouses. There are two of them:

• legal - installed automatically after registering a bond;
• negotiated - after signing the marriage contract.

In the latter case, the text of the document must define specific conditions for the distribution of funds. Including:

• under what conditions does a man pay his partner alimony during maternity leave;
• their size;
• procedure for transferring money and the like.

What will be the amount of alimony payments?

Alimony payments for a pregnant spouse are assigned in a fixed amount . That is, the payment will be fixed, it will be charged monthly from the spouse’s salary.

The amount of monetary payments is determined by the court. She is guided by:

• the level of the husband’s income component;
• the needs of the pregnant wife;
• the need for one of the parties to support another dependent;
• husband's living conditions;
• the cost of living for a given region.

When filling out a claim form, a woman must take into account the fact that the cost of living is constantly growing, and therefore alimony should increase.

Legal regime of property relations

In the case where the couple did not draw up a marriage contract, the issue can be resolved in two ways:

• voluntary;
• forced.

At the same time, the legislation allows for the division of property (in our case, obliging the man to pay maintenance to the pregnant woman):

• during the duration of the bond;
• during a divorce.

Hint: in practice, it is better to reach an agreement than to file a claim in court.

Legislation provides partners with a priority opportunity to resolve internal problems without resorting to judicial authorities. That is, people can independently agree:

• how much should a pregnant woman be paid?
• with what frequency to transfer funds;
• when the period for making alimony payments ends, etc.

Such conditions are formalized in writing - an agreement. Signed by both parties. It is advisable to indicate all conditions in as much detail as possible:

• payment amount;
• frequency: one-time;
• monthly or other;

Advice: it is recommended to immediately include alimony in the contract for a woman raising a child until her 3rd birthday. The father is also required to pay these.

The law does not require notarization of the agreement. However, in practice, a lawyer’s signature helps to get rid of many problems. The most basic one is a man’s refusal to support a pregnant woman.

Help: changing the terms of agreements is allowed:

• drawing up an addition to it that satisfies both;
• judicially.

In addition, a signed obligation to pay amounts is the basis for their collection of alimony. To do this, a special application is submitted to the bailiff service. A copy of the agreement is attached.

Unfortunately, it is not always possible to achieve the voluntary consent of a man to support a pregnant woman. In this case, there is only one thing left to do - to file for alimony in court. To do this, a woman needs:

• file a claim;
• collect evidence.

The legislation answers the question whether a husband should pay alimony to his current or ex-wife if she is on maternity leave, and the answer is unequivocal. Therefore, the claim must be substantiated by Articles 90 and 91 of the Criminal Code. But this is not enough. The same paragraphs indicate that the amount of payment depends on the financial status of both.

This means that the need for additional funding must be proven. To do this, it is recommended to collect:

• certificates of income, if they are small;
• checks: for medicines prescribed by a doctor at the antenatal clinic;
• to pay for other pregnancy-related procedures;

The court will definitely take the above documents into account when determining the amount of payments. It must be remembered that the spouse will protect his interests. For example, it will reduce income levels. Therefore, it is necessary to obtain documents about his earnings in advance and attach them to the claim.

The main document confirming the claim is the calculation of alimony amounts. It is drawn up by the applicant based on immediate needs, namely the amount of costs:

• for food;
• medications and procedures;
• housing maintenance.

Attention: you should not include the cost of purchasing luxury goods in your calculations. The judge will not take them into account.

Amount of alimony

The spouses can stipulate the amount of financial support in the alimony agreement. In case of disagreement, the final verdict will be made by the court.

In the statement of claim, the wife indicates what income she receives monthly, which must be documented. Expenses with transfer and amount are also reflected here: for medicines, utility bills, travel, food, clothing.

The plaintiff independently calculates the difference between the income and expenditure parts of her budget. After referring to the subsistence minimum, she indicates the required amount of financial assistance in proportion: ½ of the regional minimum, ¼, 2...

Alimony can be up to a thousand rubles, several thousand. The court determines the amount of payments after studying the circumstances of the case. According to the law, there is no minimum or maximum limit on the amount of money a wife can receive from her husband.

Ex-wife's right to receive alimony after divorce

The court may oblige a man to financially support his ex-wife, regardless of whether they have children together and how old they are. In this case, two more points are added to the above listed content points:

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• The wife was recognized as incapacitated and in need during the marriage, or for a year after its dissolution
• The wife retired due to age and was recognized as needy for a period of five years after the divorce. This factor plays a role if the spouses have been married for a long time

The legislator does not indicate what long or short time means. Accordingly, the judge will have to decide this based on the specific case.

At the same time, it is clearly stated in which cases the former or current spouse cannot count on their maintenance. This occurs if the disability is the result of alcohol or drug abuse, or the commission of a crime. If the wife neglected her responsibilities towards her husband and children. Or in the case when the marriage was short-lived. Again, no specific date has been specified.

Lawyers note that husbands often use the unconscionability clause in a marriage to avoid paying money. Therefore, cases of alimony for the maintenance of an ex-wife must be carefully verified, a circle of witnesses must be selected and all necessary documents must be collected.

In addition to the key points that initially do not give the wife the right to demand alimony for her maintenance, there is a list of rules under which payments to the spouse are terminated:

• The woman returned to work from maternity leave;
• The child has reached the age of 3 years;
• The wife's health improved and her disability was removed;
• The woman entered into a new marriage;
• The death of one of the parties.

A man cannot voluntarily stop paying alimony to his ex-wife for her maintenance simply because he knows about a change in her life situation. If the court ordered payments before a certain period, the obligations are considered fulfilled upon the expiration of the period. But in a situation where alimony obligations are indefinite, the man must file a lawsuit and prove that his ex-wife no longer needs his support.

What factors will influence the court's decision?

The judge must listen to both sides. In addition, he must take into account the interests of other dependents of the defendant. The following factors influence his decision:

• the amount of income of the plaintiff and defendant;
• the health status of both (the ability to earn money);
• the presence of the defendant in his custody: minors;
• disabled.

When making a decision, the judge must determine whether a certain amount can be recovered from the defendant without jeopardizing the financial situation of others. The court bases its opinion:

• on the amount of the defendant’s (official) earnings;
• based on data on black wages (if proven).

As long as the partners are in an official relationship, the woman’s husband is automatically recognized as the father of the newborn. In addition, if pregnancy is confirmed, they can submit an application to the registry office for recognition of paternity. If a man does not want to recognize himself as a future dad, then an examination is carried out.

Advice: the claim must include a clause on compensation for the costs of conducting a paternity test.

The legislation defines the conditions under which a pregnant woman cannot claim maintenance from her ex-spouse. They are:

1. Short lifespan of bonds. This is not specified specifically; the court determines it independently.
2. A woman's behavior is unworthy. This refers to betrayal, immoral behavior, alcohol or drug abuse.
3. Disability caused by the fault of a pregnant woman. For example, if a woman gets sick as a result of drug addiction or committing a criminal act.

Tip: You should always take into account that a man will be able to attract witnesses and specialists to prove a condition that relieves him of responsibility for his pregnant wife.

How to apply for alimony for a pregnant wife: step-by-step instructions

Procedure:

• draw up a claim for recovery of funds in 3 copies - one for the participants and one for the court;
• prepare documents that prove the existence of legal reasons for collecting alimony for yourself;
• send documents to the court, wait for the trial;
• take part in the meeting, express your arguments, provide evidence;
• obtain a writ of execution and send it to FSSP employees or the spouse’s employer.

The woman is sent to the magistrate's court at her husband's address. You can visit the court at your place of residence.

The court makes a decision within a month. If the decision is affirmative, the resolution is sent to FSSP employees to draw up a writ of execution, which is provided at the man’s place of work.

Statement of claim

The following information is included in the claim:

• name of the court, address;
• Full name of the plaintiff and defendant without abbreviations, registration and residence addresses, contact details (telephone, e-mail);
• description of the circumstances: pregnancy, the woman’s financial situation, the need for financial support, the man’s refusal to voluntarily transfer funds;
• request to collect alimony from the defendant;
• list of attached documents;
• date of filing the claim in court, signature.

A sample claim is available at this link.

Required documents

A woman will need to prepare the following documents:

• passport;
• pregnancy certificate issued by a doctor from the hospital;
• certificate of residence address;
• certificate of earnings of the parties;
• documents justifying the amount of expenses for personal maintenance (checks, receipts);
• other certificates and papers if necessary.

The woman is exempt from the obligation to pay the state fee.

Alimony obligations to a disabled wife

A disabled wife has the right to claim financial support from her current or former spouse. In this case, the combination of two factors is important - the woman must be recognized as disabled and in need. Both must be proven in court. Disabled people for health reasons, as a rule, are recognized as disabled people of groups I-II who cannot perform this or that work.

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Accordingly, it is the symbiosis of two factors that is important – both disability and need. For example, a person is disabled and at the same time owns a business or receives dividends from shares - he cannot be recognized as needy. Or, a completely healthy woman who is not of retirement age cannot claim alimony simply because she needs it, but does not want to work - the court will recognize her as able-bodied and refuse payments.

Grounds for paying alimony to a pregnant wife

The answer to the question whether a pregnant woman can file for alimony will be in the affirmative. Any qualified lawyer can tell you how to file for alimony for a pregnant wife, but it is important that there are grounds for filing a claim in court. Among the grounds that guarantee alimony to a pregnant wife during marriage, the following situations can be noted:

• if the marriage is not dissolved and the woman is in the process of bearing a baby or until he is three years old;
• if the marriage is dissolved and the woman is in the process of bearing or looking after a child under three years of age;
• a woman looks after a common offspring who has a disability;
• a woman can demand alimony on an indefinite basis if she is looking after a disabled person of the first group.

A woman can demand alimony for her maintenance if, after marriage and the birth of a baby, she becomes unable to work.

About the amount of alimony

The law establishes a rule according to which maintenance to a woman is assigned in a fixed amount. The court is focused on meeting the vital needs of the pregnant woman and her unborn baby.

If the defendant does not have official income, then the cost of living is taken into account. Unfortunately, in such a situation the amount of deductions will be small. You can increase it if you prove that a man has:

• unofficial income;
• valuable property.

For information: theoretically, part of the alimony payments can be assigned in kind:

• products;
• things and other property.

The procedure for receiving alimony by a pregnant wife

Alimony for the maintenance of a pregnant wife is awarded in the following ways:

• drawing up a marriage agreement that can be signed both before the official marriage and during the marriage. Its contents can include a clause on the payment of alimony payments to the pregnant spouse during the period of incapacity. The amount of alimony for a pregnant wife and child is set as a percentage of the spouse’s income or as a fixed amount. A fixed financial amount is subject to indexation as inflation increases. In court proceedings, a woman can use the prenuptial agreement as evidence of the defendant's solvency;
• conclusion of a written agreement, which must be notarized and can be signed at any stage of the divorce process. It also spells out further financial support for the newborn child and the procedure for communicating with him;
• Alimony for a pregnant wife during a divorce can be recovered as a result of a court decision.

Civil marriage

If the relationship is not formalized, then the rights of the pregnant woman are not protected. Such a couple is not subject to family law; therefore, the woman has no right to demand money. Although it is possible for a man to support a pregnant woman, this requires his voluntary consent.

Note: a woman will be able to demand alimony through the court only after giving birth.

Let's look at an illustrative example. A woman approached a lawyer with the question: “Can I get alimony from my common-law husband during my pregnancy? I have no income. He refuses to give money."

Clarification: in order to receive funds for maintenance, you must:

• the man's consent;
• presence of official marriage;
• recognition of paternity.

The common-law wife has no grounds for claiming alimony. But she can try to persuade the man to submit an application to the registry office for recognition of paternity during pregnancy. The court will take the official document into account when considering the claim. But there is no complete certainty that payments will be assigned.