In case a divorced wife must pay alimony to her ex-husband

Question: I am divorced, but now my ex-husband is having financial difficulties and wants me to pay alimony. May I ask, according to the law, do I have the obligation to pay alimony?

Reply:

Alimony, according to Clause 24, Article 3 of the 2014 Law on Marriage and Family, “is the obligation of a person to contribute money or other property to meet the essential needs of a person who does not live with him or her but has a marriage, blood or foster relationship in the case that person is a minor, an adult who is unable to work and has no property to support himself or herself, or a person in difficulty or poverty as prescribed by this Law”.

Article 107 of the 2014 Law on Marriage and Family stipulates the obligation to provide support as follows:

1. The obligation to provide support is performed between parents and children; between brothers and sisters; between grandparents and grandchildren; between aunts, uncles and nieces and nephews; between husband and wife according to the provisions of this Law.

The obligation to support cannot be replaced by another obligation and cannot be transferred to another person.

2. In case the person with the obligation to provide support evades the obligation, at the request of the individual, agency or organization specified in Article 119 of this Law, the Court shall compel that person to perform the obligation to provide support according to the provisions of this Law.

Article 115 of the 2014 Law on Marriage and Family stipulates that when divorcing, if the party in difficulty or poverty requests alimony with legitimate reasons, the other party has the obligation to provide alimony according to his or her ability.

Based on the above provisions, even though you and your ex-husband are divorced, you still have the obligation to pay alimony in the following cases:

- Your ex-husband is in trouble, in need and asks you for alimony and there is a legitimate reason for that request;

- You are able to pay alimony to your ex-husband.

Article 116 of the 2014 Law on Marriage and Family stipulates the level of support as follows:

1. The level of support shall be agreed upon by the person with the obligation to provide support and the person receiving support or that person's guardian based on the income, actual ability of the person with the obligation to provide support and the essential needs of the person receiving support; if no agreement can be reached, the Court shall be requested to resolve the matter.

2. When there is a legitimate reason, the level of support may change. The change in the level of support shall be agreed upon by the parties; if no agreement is reached, the Court shall be requested to resolve.

In addition, Article 118 of the 2014 Law on Marriage and Family stipulates that the obligation to provide support terminates in the following cases:

1. The person receiving support must be an adult and able to work or have assets to support himself/herself;

2. The person receiving support is adopted;

3. The person providing support has directly supported the person receiving support;

4. The supporter or the person receiving support dies;

5. The party receiving alimony after divorce is married;

6. Other cases as prescribed by law.

Thus, if your ex-husband is in difficulty and in need and has a legitimate reason for requesting alimony, you are obligated to provide alimony. The level of alimony is as prescribed above. The alimony will end if your ex-husband marries someone else.

Minh Hoa (t/h)

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