Can You Request Alimony from a Japanese Husband After Divorce?
In recent years, marriages between Vietnamese citizens and foreigners (including Japanese nationals) have been on the rise. When marital life no longer meets expectations, many Vietnamese wives choose to pursue a divorce. However, one pressing question arises: Can a Vietnamese wife request alimony from her Japanese husband after divorce? This article will help clarify your legal rights according to current Vietnamese law.
1. Legal Basis for Requesting Alimony
Does Vietnamese Law Apply?
According to Article 127 of the 2014 Law on Marriage and Family, divorce cases involving a Vietnamese citizen and a foreigner shall be settled under Vietnamese law if the Vietnamese citizen resides in Vietnam and the Vietnamese court has jurisdiction.
Therefore, if you are a Vietnamese citizen living in Vietnam, the Vietnamese court has full authority to handle the divorce, including decisions on alimony.
Alimony Obligations in Divorce
Under Articles 116 to 119 of the Law on Marriage and Family, after divorce, the parent who does not have direct custody of the child is obligated to provide child support. In certain cases, an ex-wife may also request spousal support if she is unable to work or is in genuine financial hardship.
2. Who Can Request Alimony and How?
The parent who has custody of the child post-divorce has the right to request child support from the husband (the Japanese spouse). This can be done either within the initial divorce petition or through a separate lawsuit after the divorce.
If the husband is a Japanese national living abroad, the actual implementation will depend on the investigation, evidence collection by the Vietnamese court, and international cooperation with Japan.
3. How is the Alimony Amount Determined?
Vietnamese law does not specify an exact amount for alimony. However, it is typically based on:
The actual financial capability of the husband.
The essential needs of the child (education, daily living, healthcare costs, etc.).
In cases where the court sets the alimony amount, regional minimum wages may also serve as a reference for determining the minimum support level.
4. What If the Husband Fails to Fulfill Alimony Obligations?
If a Vietnamese court has issued a judgment or decision and the husband fails to comply, you may:
Request enforcement through the civil judgment enforcement agency under the Law on Civil Judgment Enforcement.
Submit the request to international judicial cooperation agencies if the husband resides in Japan.
If the husband is deliberately evading responsibility, he may face administrative penalties or criminal prosecution under Article 380 of the 2015 Penal Code.
5. DEDICA’s Experience in Handling International Divorce Cases
In practice, DEDICA has supported many Vietnamese clients in divorcing Japanese or Korean spouses and successfully claimed alimony based on rulings by Vietnamese courts. Our services include:
Reviewing documents and verifying the husband's address.
Preparing divorce petitions, alimony claims, and supporting documents (e.g., income proof, living expenses).
Coordinating with enforcement agencies and facilitating international legal cooperation for enforcement in Japan, including through diplomatic channels.
Conclusion
Divorcing a Japanese husband is not a barrier to exercising your right to request alimony for your child or yourself, provided that legal conditions are met. With a modern legal framework and the support of experienced legal professionals like DEDICA, you can assert your lawful rights transparently and effectively.
Contact DEDICA Law Firm for expert legal consultation!
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