06/08/2022 08:12

In Vietnam, in what cases can a spouse ask the other party to provide support after a divorce?

In Vietnam, in what cases can a spouse ask the other party to provide support after a divorce?

In today's life, the divorce rate is increasing day by day. When getting a divorce, both spouses may have good economic conditions or one side may have a difficult life situation. Therefore, Vietnamese law has provided that upon divorce, husband or wife has the obligation to support each other when the other party is in difficulty, needy and requests to be supported, specifically:

Article 115, 116 of the Law on Marriage and Family 2014 stipulates:

Article 115. Maintenance obligation between husband and wife after divorce

When divorced, if the party facing financial difficulties requests maintenance for plausible reasons, the other party has the obligation to provide maintenance according to his/her ability.

Article 116. Support level

1. The support level shall be agreed upon by the person with the support obligation and the supported person or the latter’s guardian on the basis of the actual income and ability of the person with the support obligation and the essential needs of the supported person; if they fail to reach agreement, they may request a court to settle it.

2. When there is a plausible reason, the support level may change. The change of the support level shall be agreed upon by the parties; if they fail to reach agreement, they may request a court to settle it.

In Judgment 14/2017/HNGĐ-ST dated September 1, 2017 on divorce disputes, joint child rearing, joint debt between Ms. Dich Thi C and Mr. Nong Van H, Mr. Nong Van H asked Ms. C to support himself because Mr. H fell unconscious on December 20, 2016 (lunar calendar), that lead to having neurological symptoms.

 However, the Trial Panel found that Mr. Nong Van H was entitled to a monthly allowance for people with severe disabilities according to Decision No. 1253/QD-UBND, dated March 31, 2017 of the Chairman of Van Quan District People's Committee and have assets such as fields, gardens, and forests left by their ancestors which can create wealth to support him. On the other hand, Ms. Dich Thi C does not have her own property and her income is mainly from unskilled labor, unstable. Moreover, She has to support her children after the divorce, so she has no conditions to support her husband. Therefore, the Court has no grounds to accept Mr. Nong Van H's request for support from Ms. C.

In conclusion, the Vietnamese law has regulations on husband and wife having the obligation to support each other after a divorce if the other party encounters difficulties or needs, but there is no specific regulation on when to support each other. Therefore, whether or not a husband's support request is accepted depends entirely on the judgment of the court, not always the support request is also accepted.

Nguyen Sang
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