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International Spousal Support

According to articles 89, 90 of the Family Code of Russian Federation, spouse or ex-spouse who have the right to appeal in court to demand spousal support from other spouse (if the spouse has financial ability to pay):

- wife in her pregnancy and during three years after baby was born;

- needy spouse who does care for disabled child until 18th birthday;

- disabled needy spouse who became disable before divorce of in first year after divorce;

- needy retired spouse not later than 5 years after divorce if spouse was in marriage for long time.

Thus, Olga Ivanova can get spousal support in Russia just before her daughter becomes 3 years old, and only if the husband has income in Russia. If Defendant receives income in the USA, Plaintiff's chances of getting any financial assistance in Russia are close to zero.

According to article 161 of the Family Code of Russian Federation the personal property and non-property rights of spouses are determined according to law of country where their common place of living is, or where they had last common place of living.

The Russian law makes no provision in a case of divorce any obligations for husband to provide housing for wife and child.

The consideration of child support and custody issues by Russian court did not mean the Plaintiff made any choice for jurisdiction in future. This act does not impose any obligations in the future for Plaintiff or Defendant. They still can file Divorce case, property and spousal support issues in any proper court. By Russian law, child support and custody issues can be resolved separate from divorce. In accordance with Russian legislation, she can do this regardless from divorce, and this is in no way favors the choice of a particular jurisdiction, Olga Ivanova can choose any competent court for divorce, property issues, and spousal support, being no time restraints.

As a Russian Attorney I see the proper jurisdiction for Divorce, Property and spousal support issues is the competent US court, because USA is the location of marital properties and family income by Defendant. What's more, there are no enforceable agreement between Russia and United States. For my professional opinion, Olga Ivanova has no perspectives in case where this case would be considered by the Russian court.

Please do not hesitate to contact me should you have any questions.

Karina Duvall
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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