Woman after brain tumor surgeries demanded 25% of ex-husband's income for her maintenance: court decision

The Ivano-Frankivsk City Court of Ivano-Frankivsk Region considered case No. 344/22044/25 filed by the former wife to recover alimony for her maintenance after the dissolution of marriage. The plaintiff requested alimony from the husband in the amount of one-quarter of all his income, citing disability, the need for treatment, and the need for financial assistance.

Essence of the case

The plaintiff stated that the parties were married since 1992. In November 2025, the court made a decision to dissolve the marriage, but it has not yet come into legal force as she is appealing it.

To justify the claim, the woman indicated that since 2019 she has suffered from a serious illness—a benign brain tumor, underwent surgery, and has a disability. According to her, her health condition requires significant expenses for treatment and examinations, and since July 2025, the husband stopped providing any financial assistance. The plaintiff claimed that the defendant lives separately, works abroad, and has the ability to support her.

The defendant partially admitted the claim and agreed to pay alimony in a fixed amount of 3,328 UAH monthly. At the same time, he objected to alimony being calculated as a share of income. The defendant's representative noted that the plaintiff receives a disability pension, social benefits, owns an apartment, a house, and two land plots, and also received money from the sale of vehicles. Additionally, the parties have two adult children who help their mother.

During the case review, the court established that the plaintiff receives a disability pension of 3,323 UAH and social benefits. Data from the State Register of Taxpayers shows that in 2025 and 2026 she received income from the sale of cars. The court also established that she owns real estate.

At the same time, since November 2025, the plaintiff was assigned disability group III. The expert team’s assessment report states the main diagnosis as a benign brain tumor. However, the document also notes that she does not require constant third-party care.

Regarding the defendant, the court found no official income in Ukraine. The case materials did not contain data on other income or its amount. The defendant's representative reported that he lives in the USA and receives only government assistance from that country, but no documentary evidence was provided.

Court's position

The court noted that according to Articles 75 and 76 of the Family Code of Ukraine, one spouse has the right to maintenance in case of incapacity and need for financial assistance if the other spouse can provide such help.

The court recognized that the plaintiff, as a person with a group III disability, has the right to maintenance since her disability was established during the marriage with the defendant. The court also considered that the defendant did not object to providing her financial assistance and partially admitted the claim in this regard.

However, the court separately emphasized that the mere existence of the right to maintenance does not automatically mean satisfaction of the claim for alimony in the requested amount or proposed manner.

The court also took into account that the defendant did not actually object to the necessity of providing financial assistance to the plaintiff and agreed to pay alimony in a certain amount.

Court decision

Evaluating the claim for alimony in the amount of one-quarter of the defendant's income, the court noted that the case materials do not contain evidence of his income from which such a share could be determined. Despite the plaintiff's claims about the defendant's high earnings in the USA, no documentary evidence was submitted to the court.

Referring to Articles 77 and 80 of the Family Code of Ukraine, the court indicated that in the absence of reliable data on the alimony payer's income, it is advisable to determine alimony in a fixed monetary amount.

When determining the amount of alimony, the court considered the totality of the circumstances of the case. In particular, the plaintiff receives a disability pension, owns real estate, received money from the sale of cars and social benefits, as well as explanations about assistance from adult children and her mother. At the same time, the defendant has no official income, and information about other sources of income is not confirmed by proper evidence.

Under these circumstances, the court concluded that the amount of alimony recognized by the defendant—3,328 UAH monthly—is reasonable. The court noted that this amount corresponds to one subsistence minimum for a working-age person.

The court ordered the defendant to pay the plaintiff alimony for her maintenance in the fixed amount of 3,328 UAH monthly for the period of established disability. Alimony collection starts from December 10, 2025—the date of filing the claim as specified in the operative part of the decision.

The court separately noted that according to Article 82 of the Family Code of Ukraine, the right to maintenance terminates if the recipient regains capacity or registers a new marriage. Also, the right to alimony may be terminated by court decision if it is established that the recipient no longer needs financial assistance or the payer is unable to provide it.

Regarding the claimed expenses for professional legal assistance in the amount of 50,000 UAH, the court concluded that there is no proper evidence of their actual incurrence. The court noted that no proof of payment for services was submitted, and some of the claimed services are not confirmed by case materials. Moreover, the lawyers with whom contracts were concluded did not participate in the case. Therefore, reimbursement of legal assistance costs was denied.

In summary, the court partially satisfied the claim and awarded alimony for the maintenance of the former wife in the fixed amount of 3,328 UAH monthly, denying alimony calculated as a share of the defendant's income and the rest of the claims.

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