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Contact information
Address: Pechatnikov Pereulok 22, Moscow 103045 Russia
Moscow Bar of Arbitration Lawyers
Tel. +7 495 782 3313
Fax. +7 495 6287839
info@divorceinrussia.com
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| Alimony and child support | |
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| Russian divorce law is rather straightforward in relation to spousal and child support compared to Western equivalents. In this section we look at the major issues related to child and spousal support in a divorce in Russia, as these are highly relevant issues pertaining to the dissolution of a marriage. | 
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Spousal support
In general, Family Law in Russia does not provide for direct alimony payments to a second spouse (note this is separate to child support) irrespective of their education or work experience and the impact of the marriage dissolution on their maintaining a similar standard of living. There are exceptions in a divorce in Russia as a spouse is entitled to claim for support in the event they are: disabled (i.e. unable to work); pregnant; raising a child under the age of three; caring for a disabled child; set to reach pension age within five years (retirement is 55 for men, 60 for women); or if the marriage has lasted a long period of time.
Russian Family Law does not provide an exact formula to calculate the support rate for a spouse and thus during a divorce in Russia the issue is left to the judge's discretion. In making a ruling during a Russian divorce, a judge would evaluate the financial state of both parties: their income, housing situation, medical care requirements and the presence of children and/or other dependants.
The government establishes an average cost of living on a quarterly basis, often an unrealistically low figure, and during a divorce in Russia a court is likely to take this into account when setting the support rate, though the final decision can also exceed the formal cost of living several times over, depending on the circumstances.
Child support
The basic premise during a divorce in Russia is that the parent living away from the child should pay child support. The Family Code requires that child support in a Russian divorce be 25% of net monthly income for one child, 33% of net monthly income for two children and 50% of net monthly income for three or more children. These figures can be raised or reduced by the court during a divorce in Russia depending on the family and its financial situation and other possible extenuating circumstances.
In the event a parent required to pay child support in a Russian divorce has a variable income or is paid in a foreign currency or does not have any income at all, a judge can establish a fixed required monthly payment. Foreign parents in Russian divorce cases obviously fall into this category.
It is possible to agree on child support without having to go to court. In a Russian divorce case this would constitute a legalized alimony agreement. Such an agreement requires the child support be no lower than the aforementioned percentages set under Russian law, though it does retain some flexibility. For example, the child support in a Russian divorce could involve a lump sum payment for a particular period of time or the transferal of assets (an apartment for instance) in lieu of cash payments.
Please note that spousal and child support in divorces in Russia will be required even if you do not formally dissolve the marriage, as the law requires family members be supported irrespective of final marital status (i.e. you separate but remain formally married). If you have any further questions on divorce in Russia or Russian divorce laws please do not hesitate to contact me via e-mail or telephone.
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Divorce in Russia
the procedure of divorce in Russia: civilian registry offices or legal procedure. Questions of jurisdiction of a Russian court. Legal issues of a divorce complicated with a 'foreign' component: spouses are citizens of two different states, spouses are living on the territory of a foreign state, or spouse have no citizenship at all.
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Child custody in Russia
When parents take a decision to separate the question arises on who their child(ren) should remain with. Specificities of the Russian legal system.
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Spousal property division
In a Russian divorce, the basic issue governing property division is that assets purchased during the marriage become the joint property of the husband and wife and in the event of a divorce are divided equally between the two parties. It makes no difference whether one spouse did not work at all during the marriage or both spouses worked equally for the money.
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