PROBLEMS OF ESTABLISHING KEEPING ONE FROM MARRIAGE IN THE CONDITIONS OF MARITAL STATE IN UKRAINE
Authors: Ilchenko I. P. 
Published: June 2024

The study highlights the difficulties associated with establishing spousal support under martial law in Ukraine. A comprehensive analysis reveals the problems that individuals may face when exercising their right to receive material support from the other spouse who is a member of the Armed Forces of Ukraine.
The purpose of the article is to highlight the current challenges and peculiarities associated with establishing spousal support under martial law in Ukraine.
The article states that the obligation to pay alimony is one of the most important institutions of modern family law in Ukraine. Its importance is due to its fundamental role in ensuring the protection and stability of family relations. Alimony obligations to support spouses, based on both legal and moral values, serve as a cornerstone for maintaining social equality in society.
It is established that family law establishes moral standards for material support of spouses, while recognising the limited scope of state provision of such needs. This dual approach reflects the balance between legal obligations and practical aspects of family relations. Family law recognises the importance of mutual support and care among family members, but also acknowledges the reality that public funds may not be sufficient to meet their needs.
It is substantiated that spousal support in a marriage relationship is mutual, where the financial well-being of each partner is intertwined with their financial situation. Recognising the vulnerability that can arise when one of the spouses is unable to earn an income, the law seeks to ensure that persons in such circumstances are not left without the necessary financial assistance.
It is established that the conditions of martial law in Ukraine pose significant challenges in the field of family law, in particular with regard to spousal support, especially when one of the family members, in particular a husband, is mobilised to the Armed Forces of Ukraine. In particular, there are problems with the payment of state financial support to such persons, which may have a negative impact on the timeliness of receiving financial assistance by the person in need of support.
The author gives an opinion as to whether a person who has failed to pay spousal maintenance in a timely manner should be held liable, given that such a person, being a military officer, was not provided with a timely allowance for military service.
It is noted that there are certain aspects of the judicial process in cases of establishing maintenance for one of the spouses when the other is mobilised and serves in the Armed Forces of Ukraine.
This study highlights the urgent need for a special approach to the consideration of cases on the establishment of spousal maintenance under martial law. Although the fundamental principles of equality and justice remain unchanged, the realities of wartime require individual approaches that take into account the unique challenges faced by both payers and recipients of spousal maintenance. Therefore, the problems described above underline the need for further scientific research into the theory and practice of establishing spousal maintenance under martial law in Ukraine.