Separate Opinion of the Constitutional Court Judge Pervomayskyi Regarding the Decision on the Unconstitutionality of Part 4 of Article 75 of the Family Code of Ukraine, which Defined the Criterion of Need for Material Assistance of One Spouse through the Subsistence Minimum
Structurally, the document consists of several parts: description of the Constitutional Court’s decision, analysis of its motivation, examination of controversial points, and general conclusions. The key argument for recognizing the norm as unconstitutional is its inconsistency with the principle of equality of rights and obligations of spouses (Article 51 of the Constitution). The main important provisions are:
• The subsistence minimum cannot be the sole criterion for determining the need for maintenance of one spouse
• The need for maintenance must be determined individually by comparing the income and expenses of both spouses
• Alimony between spouses is not social assistance but serves a compensatory function to ensure a sufficient standard of living for the economically weaker party
• Social payments from the state cannot influence the assignment of alimony between spouses
