Spousal maintenance in the context of the constitutional right to an adequate standard of living in Ukraine

The article examines new approaches to understanding the concept of spousal maintenance in the context of the constitutional right of Ukrainian citizens to an adequate standard of living. The legal nature and peculiarities of the institution of spousal maintenance under the law and the agreement on the provision of maintenance to one of the spouses are investigated. Considerable attention is paid to the issues of determining the conditions (grounds) for payment (recovery) of alimony. In particular, the article interprets such a ground as need on the basis of part 4 of Article 75 of the Family Code of Ukraine, namely: a person whose income is less than the subsistence minimum is recognized as needy or in need of material assistance. In this case, it is about establishing a certain correspondence between neediness and the size of the subsistence minimum established by legislation. In this connection, it was concluded that this minimum can be considered acceptable in cases of only normal life support of a person, but it is not sufficient in the case of a disabled person, in particular, who is deprived of the opportunity to work. It is argued that it is impossible to legislate and equally define the level of material security for all citizens without exception. This is due to the fact that some people, due to disability, including temporary, serious illness, pregnancy, etc., need much more money for their normal existence than others. Therefore, an individual approach of the court to determining the amount of alimony in each particular case is important. The author makes a historical analysis of the spousal maintenance institute, and it follows that the provision of Part 4 of Article 75 of the Family Code of Ukraine is a historical tribute to Soviet family law and needs to be adjusted in modern conditions, taking into account a number of factors: expansion of discretion in family law; consolidation of the leading role of contractual family law regulation; recognition at the level of the Constitution of Ukraine of the right to an adequate standard of living; the fundamental principle of mutual moral and material support in the family and the obligation of spouses to financially support each other in marriage. The article also substantiates that at the current stage of development of family law in Ukraine there are sufficient prerequisites for recognizing Part 4 of Article 75 of the Family Code of Ukraine as inconsistent with the Constitution of Ukraine.