My husband and I are citizens of different countries. He is Russian and I am Lithuanian. Will I have any rights to his property in case of divorce? We were married for 1 year and I have a 4-month-old daughter. He doesn’t support us. What alimony payments can I recover? I live in Vilnius now and he lives in Moscow.
According to Art 34 of the Family Code of the Russian Federation all property acquired during a marriage is considered to be common property of the spouses. Property acquired during the marriage includes income of spouses received from labour activity, entrepreneurial activity and intellectual activity, pensions, allowances and other monetary payments, movable and immovable property acquired during the marriage, securities, participatory interest, deposits, shares in capital contributed to credit organizations or other commercial organizations, as well as other property acquired by the spouses during the marriage irrespective of the fact whose name it is registered on or who contributed the money.
A spouse who didn't have personal income during the marriage due to housekeeping, upbringing of children or other justifiable reason also has a right to common property. You and your child are entitled to receive alimony payments. You child – according to Art. 81 of the Family Code of the Russian Federation.
In the absence of an alimony agreement, alimony payments to minor children shall be recovered judicially from children's parents on monthly basis: one fourth of parents' income for one child. The mentioned part of income paid as alimony payment can be reduced or increased by the court in consideration of financial and marital status of the spouses and other noteworthy interests of the parties. In the absence of an alimony agreement between the parents and in case a parent liable to effect alimony payments has irregular, changing salary and/or other income or in case such parent receives his/her salary and/or other income in foreign currency or such parent doesn’t have any income and in other cases when recovery of alimony payments in terms of a share of income is impossible, difficult or violates interests of one of the parties, the court in entitled to fix an amount of monthly alimony payments or as a combination of a share of income and a fixed amount. A fixed amount shall be determined on the basis of saving maximum possible level of child’s former financial support level taking into account financial and marital status of the parties and other noteworthy circumstances (Art. 83 of the Family Code of the Russian Federation). You are entitled to recover alimony payments for your own support according to Art. 90 of the Family Code of the Russian Federation: “An ex-wife during pregnancy and during three years from the date of child's birth is entitled to recover alimony payments from her husband having necessary funds”. According to Art. 161 of the Family Code of the Russian Federation personal non-property and property rights of spouses who do not live together are determined by the legislation of the Russian Federation in the territory of the Russian Federation. According to Art. 163 of the Family Code of the Russian Federation rights and liabilities of parents and children including parents’ duty to support children are determined by laws of a country of their joint residence. In case parents and children do not live together rights and liabilities of children and parents are determined by laws of the country of child's citizenship. Laws of the country of child's permanent residency may be applied with regard to alimony obligations and other relations between children and parents upon plaintiff's request.