In a union with partial communion or total division of property, what was acquired during the marriage is considered common to the couple, and if separation occurs, the assets must be divided equally between them, regardless of who contributed more to the acquisition. What each one conquered before marriage does not enter into the division, being the property of each one.
Read more: Is the pension for life? When do children stop receiving?
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When a marriage with this communion ends, it is necessary to carry out many procedures about the division of goods and the realization of an agreement on who will have what. And one of the questions is about the amount of alimony, which is whether the ex-wife has the right to receive the alimony instead of just the children. As we already know, children under the age of 18 are entitled to receive this pension, and those who are up to 24 years old, but are studying a technical course or college, also have this right.
So, the answer to this question is: yes, the ex-wife can apply for child support in case of unemployment or never having worked before. The pension may or may not be for life and will depend on the situation.
In the past, alimony for ex-wife was very common. Nowadays, in general, this pension is paid only to the children, but this process has never ceased to exist, and it is not well known or commented on.
If the person does not have a source of income to support themselves after the end of the marriage, they can apply for this child support. In such cases, the judge will determine whether or not the ex-spouse can afford this pension. If the judge's determination is yes, the payment must be made as soon as possible.
A determining factor for the length of alimony payment is the ex-wife's age. Thus, depending on the age, the payment will have a determined time that is enough for that person to enter the job market again.
If it is alleged that the person is unable to return to work, either due to health problems or disability, the child support payment must be paid for life.
The amount of the pension is not 30% of the salary as many people think and which is often practiced. The judge will determine the situation in which the person who will receive the amount is, and whether the person who will pay is able to bear the costs. But the same criteria that the judge will use to define the value for the children will be used to find out the value of the ex-wife.
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