Alimony for a wife: when it is due and in what amount under the law of the Republic of Kazakhstan

Usually people come with this question in two situations: a woman in marriage is caring for a small child or expecting one and is left without her own income, or maintenance is needed after the marriage has already been dissolved. In both cases it is important to understand that the right to alimony belongs to the spouse herself, not to the child, and is considered by the court as a separate claim with its own grounds.

In this article you will learn under what conditions a spouse is entitled to receive maintenance during marriage, before divorce and after it, how recovery of alimony for a wife differs from alimony for a child, what circumstances the court examines, and what mistakes most often prevent a claim from being granted. We will also look separately at how to arrange and recover maintenance and what to pay attention to before filing an application.

Alimony for a wife during marriage: when a spouse is entitled to claim maintenance

A spouse's right to claim maintenance also arises during marriage. Alimony for a wife during marriage is recovered on the same substantive grounds as after divorce, if the marital relationship is in fact preserved but the husband evades maintenance. The claim is considered by the court separately from a divorce dispute.

The husband's obligation to maintain his wife is set out in the Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family. Spouses are obliged to support each other materially, and where support is refused and there is no agreement on the payment of alimony, the needy spouse has the right to claim it in court. Alimony for the maintenance of a spouse is not tied to cohabitation: what matters is the fact of marriage and the existence of a lawful ground.

• the spouse's incapacity for work, confirmed by medical documents;
• need — insufficient means of maintenance given the income available;
• care for a common child with a disability;
• care for a common child until the child reaches the age of three;
• the spouse's pregnancy;
• the absence of an agreement on the payment of alimony between the spouses.

Alimony for a wife on maternity leave: how to maintain the mother while she cares for the child

A wife has the right to claim maintenance during pregnancy and for three years from the birth of a common child, if she cares for the child and has no independent income. Caring for a small child until the age of three limits the ability to work, so the law links maintenance to this circumstance rather than to a record of employment. The spouse is obliged to maintain his wife on maternity leave regardless of whether he himself works: the absence of earnings does not cancel the obligation, but affects only the manner and form of its performance.

Alimony for a mother on maternity leave does not depend on whether the marriage has been dissolved. If the spouses live together and the husband supports the family voluntarily, the question does not arise; if he refuses to maintain his wife or in the event of divorce, she is entitled to apply for recovery. Need is assessed by the court on the actual circumstances: income, property held, and the ability to work without harming the care of the child.

• care for a common child under three years of age and the absence of independent income;
• pregnancy and the birth of a joint child;
• the wife's need and her inability to support herself;
• incapacity or limited capacity to work due to caring for a child;
• whether the marriage exists or has been dissolved is irrelevant — the right is preserved;
• the husband's employment or unemployment does not remove the obligation to support his wife.

Spousal maintenance during pregnancy: what can be claimed before the child is born

The wife's right to maintenance arises during pregnancy and continues after the child is born. The ground is a pregnancy occurring within a registered marriage. Maintenance is awarded regardless of whether there are joint minor children and regardless of the wife's own income.

Maintenance can be claimed in two ways: a notarial agreement, where the spouses themselves determine the amount and procedure for payments, or court proceedings — a claim filed at the claimant's or the respondent's place of residence. In a dispute, the court sets maintenance in a fixed monetary sum subject to indexation.

The birth of the child does not end the payments: the law preserves them during pregnancy and for a set period after the birth of a joint child. If the marriage is dissolved, the right to maintenance is preserved until the child reaches a certain age, provided the pregnancy occurred before the dissolution of the marriage.

• a registered marriage at the time the pregnancy began
• confirmation of pregnancy by medical documents
• the absence of an agreement between the spouses on the payment of maintenance
• the wife's need and her requirement for maintenance
• the respondent's means to pay maintenance
• preservation of the right to payments after the child is born

The amount of spousal maintenance: shares, a fixed sum and child maintenance

The court determines the amount of maintenance for the wife based on her financial and family situation and the payer's means. As a general rule, the funds are awarded as a fixed monetary sum, since the spouse's income is not always stable and documented. The court sets the amount of maintenance for a wife on maternity leave taking into account that she is occupied caring for a joint child and has no earnings of her own.

If the question of maintenance for the wife and for the child is decided at the same time, the claims are considered in one set of proceedings, but the grounds and the calculation differ for each recipient. For the child, funds are more often awarded as a share of the payer's income; for the spouse, as a fixed sum. The court assesses the recipient's need and whether the payer retains sufficient means for himself.

The key circumstances that affect the final amount are set out below.

• The existence of a joint child and the child's age, including the period until the child reaches three years.
• The spouse's need and her lack of sufficient income of her own.
• The payer's financial situation: the amount and regularity of income, family composition, other obligations.
• The family situation of the parties and whether there are other dependants.
• The period for which maintenance is sought: from the day of applying to the court or from the date specified in the agreement.
• Indexation of the fixed sum awarded when the subsistence minimum changes.

The court determines the final amount for each recipient separately, based on the evidence presented.

Maintenance for the wife and for the child at the same time: how not to mix up the two claims

Maintenance for the wife and for the child are separate claims with different grounds and recipients. Child maintenance is recovered in the child's favour and does not depend on the mother's need. Both claims are made at the same time, but the recipient is different: in the first case it is the woman, in the second it is the minor.

The mother's right to maintenance under the Code on Marriage (Matrimony) and Family of the Republic of Kazakhstan arises in limited cases: during pregnancy and for three years after the birth of a joint child, where she cares for a joint child under three years, where she cares for a child with a disability, and also if she is incapacitated and in need. The mother's need and capacity to work do not matter when it comes to the maintenance of the child itself.

• The ground in respect of the child is kinship and minority, without checking the mother's need
• The ground in respect of the mother is pregnancy, care of a child under three years, care of a child with a disability, or incapacity and need
• The recipients are different: the child and the woman herself, so the claims are also filed separately
• The calculation is made separately for each claim, without combining the amounts
• The statement of claim sets out both claims with their own separate grounds and calculations
• Enforcement proceeds under separate enforcement documents

The most common mistake is to mix the maintenance of the wife and the maintenance of the child in a single claim. These are two different grounds, and the court assesses them separately, so mixing them almost always weakens the position.

Maintenance for the wife after dissolution of marriage

The right to claim maintenance for a former spouse does not end automatically upon dissolution of marriage. The Code on Marriage (Matrimony) and Family of the Republic of Kazakhstan preserves it for several categories of women, where they are in need of financial support and the marriage was registered. Divorce by itself does not remove that right — what matters is the ground of need and the former wife's condition.

Maintenance after divorce for the wife is due to a pregnant former spouse — both during the pregnancy and after the birth of the common child until the child reaches three years of age. A woman on parental leave to care for the common child receives maintenance regardless of whether she works or not. A spouse in need who is caring for a common child with a disability, or for a common child who is a person with a disability, also retains the right.

• a pregnant former spouse — from the moment of pregnancy until the common child reaches three years of age;
• a former wife on parental leave to care for the common child — regardless of need;
• a spouse in need who is caring for a common child with a disability;
• a former spouse in need who is caring for a common child who is a person with a disability;
• an incapacitated spouse in need who became incapacitated before the dissolution of the marriage;
• a spouse in need of assistance who is caring for the common child.

Maintenance for the wife before divorce: how to file an application without dissolving the marriage

The wife's right to claim maintenance arises from the marriage regardless of whether it has been dissolved or not. It is enough to be in a registered marriage and to have one of the grounds named in the Code on Marriage (Matrimony) and Family: pregnancy, caring for the common child until the age of three, disability or incapacity, need, or caring for a common child with a disability. Divorce is not a condition — maintenance before divorce is recovered in the same manner as after it.

Living together and running a joint household does not remove the right to maintenance. The law does not make payment dependent on whether the spouses live together or separately. Recovery is possible while the marriage is registered and the need persists. If the husband does not voluntarily provide for the wife where grounds exist, maintenance is recovered through the court.

Maintenance for the husband and for the spouse: when maintenance is due to the other party

The husband also has the right to claim maintenance: maintenance for the husband within the marriage or after its dissolution is awarded on the same grounds as for the wife. The court assesses incapacity, need and other circumstances deserving attention. The conditions and the amount are determined under the rules of the Law of the Republic of Kazakhstan "On Marriage (Matrimony) and Family".

Incapacity means reaching pension age or a permanent impairment of health confirmed by medical documents. Need means insufficient means of one's own for a decent standard of living, taking into account the previous level of provision. Maintenance for a spouse is recovered as a fixed sum of money with indexation.

A separate ground is caring for a common child with a disability where earnings are insufficient, as well as caring for the common child until the age of three. One may apply to the court regardless of whether the marriage subsists.

• Incapacity of the spouse, confirmed by a medical advisory commission's opinion or another medical document.
• Need: insufficiency of income relative to the level of provision during the marriage.
• Caring for a common child with a disability who requires constant supervision.
• Caring for the common child until the age of three.

Spousal maintenance for a wife: the grounds and circumstances the court examines

The court examines not the fact of marriage but the legal elements: incapacity to work, need, and the circumstances of caring for a child. Incapacity to work is confirmed by medical and disability documents. Need is established by the ratio of income to expenses. Caring for a joint child is assessed by age, health and the need for supervision.

There are grounds for spousal maintenance for a wife where the spouse is unable to work and in need, and also where she is caring for a joint child with a disability or a child under three years of age. The law links the obligation to maintain a wife during pregnancy and after the birth of a child to shared motherhood and fatherhood. Maintenance for the mother of a child may be recovered in court if voluntary support is not provided or its amount is insufficient.

• the spouse's incapacity to work, confirmed by medical and administrative documents;
• need, that is, insufficient income for a decent standard of living;
• caring for a joint child under three years of age or for a child with a disability;
• pregnancy and the period after the birth of a joint child;
• the income and property of both parties, including hidden sources;
• the existence of other dependants and obligations on the part of the payer.

The circumstances are assessed as a whole, and each piece of evidence is examined by the court.

Maintenance for a wife: how to arrange and recover support

Maintenance for a wife is established voluntarily by a notarised agreement on the payment of maintenance, in which the spouses themselves determine the amount, procedure and time limits for payments. The document has the force of a writ of execution, and if the payer evades payment, recovery is carried out through a court enforcement officer. If no agreement is reached, maintenance for the wife's support is recovered through the court.

The right to claim maintenance through the court arises for a wife during the marriage and within three years after its dissolution if she is pregnant or is raising a common child under three years of age, is caring for a common child with a disability, and also if she is unable to work and is in need. Need and incapacity to work are confirmed by a medical and social expert examination report and documents on income.

• marriage certificate or certificate of dissolution of marriage
• birth certificate of the common child
• certificate of pregnancy or a document confirming care for a child under three years of age
• medical and social expert examination report on disability
• statement of income and family composition
• documents confirming care for a child with a disability

Maintenance for a wife: typical mistakes and what is important to consider

The right to maintenance is not linked to dissolution of marriage: a wife is entitled to claim maintenance during the marriage as well, if the husband evades providing support. The grounds are need and incapacity to work, or care for a common child under three years of age, care for a child with a disability, or pregnancy. The application is filed with the court at the defendant's place of residence, and the state duty is borne by the defendant.

The amount is not fixed once and for all: the court determines it based on the financial and family situation of the parties. The claim may be made in a fixed sum of money subject to indexation, and if circumstances change the amount is reviewed. Maintenance does not terminate automatically: an agreement, a settlement agreement or a court decision is required.

• Confusing child maintenance with maintenance for a wife — these are different claims and different recipients.
• Assuming that after divorce a wife is not entitled to maintenance: the marriage is dissolved, but the obligation remains.
• Waiting for payments to terminate automatically — an application to vary or terminate recovery is required.
• Filing a claim without documents on income, family composition, expenses and state of health.
• Relying on oral agreements without a notarised agreement on the payment of maintenance.
• Claiming a fixed sum straight away without calculating the subsistence minimum and substantiating need.