The story begins with Ms. T calling the program to express her feelings about her unhappy marriage.
Ms. T and her husband decided to separate after 9 years of living together because they were no longer compatible.During the separation period, the husband frequently updated intimate photos, traveling with his lover and that person's children.
What confused Ms. T was that when the couple agreed that during the separation period, the husband would provide 6 million VND per month for her to raise two children, but for a long time, she did not receive support from her husband.
Lawyer Duong Anh Nga (of the Ho Chi Minh City Bar Association) raised the question: "Why did Ms. T not divorce to create the rights and obligations of the husband?Because when separating, the husband or wife does not have the responsibility to provide support, but only the obligation to take care of the children, and the conventions are agreed upon by the husband and wife.
So, from a legal perspective, in this case the husband has no obligation to pay alimony because there is no basis for enforcement of the judgment.
To help guests solve the problem, lawyer Duong Anh Nga focused on explaining about alimony after separation.Answering Ms. T's question about not receiving alimony from her husband, the female lawyer said: "The right and obligation to provide alimony depends on the husband's willingness and financial capacity.If they do not have assets to enforce, and are not willing, it will be very difficult.
At that time, the wife can request the enforcement agency to take measures to ensure and enforce the execution of the judgment.Among them, the two most common measures that I often advise my clients are freezing bank accounts and prohibiting exit from the country for those who need to work and travel abroad frequently.At least those measures can make them have to provide alimony for their children to work." According to Dr. To Nhi A (lecturer at Ho Chi Minh City Central Pedagogical College), there are many cases where divorce procedures are completed, there is a court judgment and the file is transferred to the enforcement agency, but rarely does the wife receive alimony from her husband.
Therefore, the doctor believes that the wife should be proactive, focus on raising children and reorganizing her life independently.
Dr. To Nhi A advised the audience, especially wives, to be careful when choosing a separation solution; it is not recommended to abuse separation when the marriage is having problems.
Explaining this point of view, she said: “Usually, men do not understand that separation is a salvation, but they understand that it is a stepping stone to divorce, so they prepare for a new relationship. On the contrary, women understand that separation is a salvation. Therefore, when choosing to separate, you must clearly define your point of view with each other, understand what separation is for.”
