ZERO SPOUSAL SUPPORT IN RUSSIA, FAIR OR UNFAIR?
ZERO SPOUSAL SUPPORT (ALIMONY) IN RUSSIA, UNLESS YOU FALL UNDER FIVE CATEGORIES OF INDIVIDUALS WHO CAN ASK FOR SPOUSAL SUPPORT (ALIMONY).
DISCREPANCY IN AWARDING SPOUSAL SUPPORT IN RUSSIA VS. AWARDING SPOUSAL SUPPORT IN CALIFORNIA.
Statutory basis for awarding spousal support in California:
Any spouse in California can ask the judge to make a spousal support order as a part of:
- Divorce or legal separation process; or,
- A part of domestic violence restraining order.
A spousal support award is not mandatory in a dissolution or legal separation process. The court has discretion to deny spousal support or limit it in the amount and the duration.
In determining the propriety of awarding spousal support court looks at parties’ standard of living established during their marriage and their respective needs and abilities.
The court is obligated to consider 14 statutory factors before making its decision:
- Either earning capacity of each party is sufficient to maintain the standard of living established during the marriage;
- Either supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party;
- The ability of the supporting party to pay spousal support;
- The needs of each party based on the standard of living established during the marriage;
- The obligations and assets, including the separate property, of each party;
- The duration of the marriage;
- The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party;
- The age and health of the parties;
- Any history of domestic violence;
- Tax consequences to each party;
- Balance of the hardships to each party;
- The goal that the supported party shall be self-supporting within a reasonable period of time;
- The criminal conviction of an abusive spouse; and,
- Any other factors the court determines are just and equitable.
As long as the court considers all above factors and doesn’t abuse its discretion in making spousal support determinations the court spousal support order will not be disturbed on appeal.
For example, the court cannot engage in speculation, an order must reflect the present factors and circumstances, based on evidence in the records.
Statutory basis for awarding spousal support in Russia:
A spousal support award is not mandatory in a dissolution process. The court has discretion to deny spousal support or limit it in the amount and the duration.
In determining the propriety of awarding spousal support, the court looks at parties’ standard of living established during their marriage, their respective needs and abilities and other factors the court determines are just and equitable. The court is not bound by considering any specific factors.
The most significant discrepancy is that only the following individuals have rights to ask for spousal support (alimony):
- Ex-wife has rights to ask for spousal support from her ex-husband during her pregnancy and/or within 3 years from the date of parties’ child’s birth;
- Ex-spouse who takes care of parties’ disabled child until the child reaches 18 years old or takes care of parties’ child who was diagnosed with the disability Group 1;
- Disabled ex-spouse who became disabled during the marriage and/or within one year from the date of termination of the marriage;
- Ex-spouse who reached the retirement age (Retirement age: 55 years old for women and 60 years old for men);
- Ex-spouse who reached the retirement age no later than within 5 years from the date of termination of the marriage if parties were married for a long time.
In Russia, if you don’t fall under the aforementioned 5 categories of individuals who have rights to ask for spousal support, YOU ARE ON YOUR OWN.
FAIR OR UNFAIR, IT IS YOUR DISCRETION.
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