According to the Greek Civil Code, there is a right after a divorce to receive alimony in Greece. Moreover, the right to receive alimony in Greece exists in case of termination of the marriage relationship.
Articles 1442-1445 of the Greek Civil Code determine the preconditions under which the right to receive alimony in Greece is recognized. The former spouse has a right to receive alimony after the Greek divorce if he/she cannot secure his/her maintenance from the income that he/she has or from his/her property. In this case, one of the former spouses is entitled to request alimony in Greece, provided that one of the following preconditions is met: a. if at the time of the issuance of the divorce he/she is unable to initiate or continue to work in an appropriate profession due to his/her age or due to health reasons, b. if he/she has the physical custody of a minor child and for this reason he/she is prevented from carrying out a proper profession, c. If he/she cannot find a stable and appropriate work or if he/she needs some kind of professional training, but in both cases for a time period that may not exceed three years from the issuance of the divorce, d. In any other case where the judicial awarding of alimony is appropriate for equity reasons.
For the recognition of the right to receive alimony in Greece and the determination of the amount of the alimony, the person should submit a lawsuit before the competent Court in Greece. The Court judges regarding the existence of the right and determines the amount of the alimony based on the financial needs of the parties. Alimony in Greece is payable in advance in cash each month. According to the Greek Civil Code, it is possible that the alimony will be paid in a lamp sum if the former spouses so agree in writing or according to the decision of the Court, where particular reasons justify such a decision. The right to receive alimony in Greece may be excluded or be limited if this is warranted by important reasons and especially if the marriage had lasted for a very short time period or if the person requesting alimony has caused the divorce by his fault or if he/she has caused his/her indigence on purpose. In the event that the person who is receiving alimony remarries or cohabits permanently with another person in a free union, his or her alimony rights seize.
According to Article 1391 of the Greek Family Law (Civil Code), a right to receive alimony is also recognized in case of separation and interruption of life in common. The spouse who terminates the conjugal life in common for an important reason has the right to request alimony. During the marriage, the spouses are under an obligation to contribute jointly to the family needs according to their resources. Therefore, in case of separation, the spouse that had the least contribution to the family needs is entitled to receive alimony in Greece in order to continue to have the same living standard.
All the above procedures for the issuance of a Divorce, alimony, child support and children custody in Greece, can be accomplished through a limited Power of Lawyer to specialized Greek lawyers, like our Law Firm in Greece.