Compensation for Years Spent at Home with Children: What Alimony Is a Former Wife Entitled to Under Ukrainian Law

Ukrainian legislation does not provide for a separate payment or direct compensation for a woman who spent many years as a homemaker, raising children, and as a result did not accumulate sufficient work experience to qualify for a pension. This was stated in a comment to RBC-Ukraine by lawyer Ruslan Ruzhychyi. According to him, there is no mechanism in the regulatory acts that would allow a former spouse to claim from the state or the ex-husband a "reimbursement for lost pension service" as such. Nevertheless, this does not mean that a woman who devoted years to running a household and caring for her family is left without any legal protection in terms of financial support.

Alimony as the Main Legal Mechanism

The key instrument of support in this situation is alimony, provided for by the Family Code of Ukraine. Part 4 of Article 76 of the Family Code establishes the right to maintenance for a spouse who, due to raising children, running a household, or caring for family members, was unable to work, obtain education, or hold a corresponding position. It is precisely this provision that allows a former wife who has not worked for years and has not accumulated pension service to claim regular payments from her ex-husband. The lawyer emphasizes: de facto, the woman receives financial support precisely for having devoted years to her family, however de jure this is not classified as "compensation for a lost pension" but as a right to maintenance directly provided for by family law.

Timeframes, Conditions, and the Amount of Payments

According to the lawyer's explanation, alimony under this article may be paid for three years after the dissolution of the marriage. In addition, Part 3 of Article 76 of the Family Code provides the right to maintenance upon reaching retirement age, subject to two conditions: at the time of divorce, no more than five years should remain until retirement age, and the length of the marriage must be at least ten years. The exact amount of alimony payments is not fixed in advance by law — it is determined by the court taking into account the specific circumstances of the case, including the financial situation of both parties, the presence of dependents, and other factors. It is important that a woman's own pension or other source of income does not deprive her of the right to receive alimony from her former spouse.

Constitutional Court Ruling and the Income Criterion

Particular attention should be paid to the position of the Constitutional Court of Ukraine, established in Ruling No. 1-r/2024 of October 29, 2024. The Court declared Part 4 of Article 75 of the Family Code of Ukraine unconstitutional, establishing that the level of income at the subsistence minimum itself cannot serve as the sole criterion for determining a person's need for the withholding of alimony. According to Ruslan Ruzhychyi, the court is obliged to take into account the applicant's actual needs, rather than being limited to the formal threshold of the subsistence minimum. This ruling significantly expands the opportunities for women whose income formally exceeds the minimum but is objectively insufficient to ensure a decent standard of living.

Contractual Arrangements and Related Pension Issues

In addition to the judicial procedure, Article 78 of the Family Code of Ukraine allows spouses to conclude a maintenance agreement, in which the parties independently determine the amount, duration, and procedure of payments. This contractual mechanism allows avoiding lengthy court proceedings and fixing the terms in a form convenient for both parties. In the context of pension provision, the lawyer also reminded that charitable aid from the UN, the International Committee of the Red Cross, or other international funds is not recognized as income and does not affect the calculation of the pension amount, provided that both the donor and the recipient of such aid are officially registered. It is worth noting separately that a number of pensioners from settlements with mountain status, included in a special list, are entitled to a 20 percent surcharge to their pension.