Features of dividing income received by the second Division of income spouse from entrepreneurial activity (individual entrepreneur)
On January 23, 2024, the Grand Chamber of the Supreme Court, in case No. 523/14489/15-ц, proceedings No. 14-22цс20 (EDRSRU No. 116920101), examined the issue of dividing income received by the second spouse from engaging in entrepreneurial activities.
Property acquired by spouses during marriage belongs
The wife and husband by right of joint joint Division of income with promotions, pop-ups, or social media content ownership, regardless of the fact that one of them did not have independent earnings (income) for a good reason (study, housekeeping, childcare, illness, etc.). It is considered that every thing acquired during marriage, except for things for individual use , is an object of the right of joint joint ownership of spouses (Article 60 of the Civil Code of Ukraine).
The object of the right of joint joint ownership of spouses may be any property, except for that excluded from civil turnover. The object of the right of joint joint ownership is the salary, pension, scholarship, other income received by one of the spouses (parts one and two of article 61 of the Civil Code of Ukraine).
(!!!) The personal private property of a wife or husband is the bonuses and awards that she or he received for personal merits. The court may recognize the right of the other spouse to a share of this bonus or award if it is hse endowment fund to include new endowment fund for icef established that he or she contributed to its receipt by his or her actions (maintaining the household, raising children, etc.) (Part Three of Article 57 of the Civil Code of Ukraine).
A wife and husband have equal rights to own
Use and dispose of property belonging to them by right of joint ownership, unless asb directory otherwise established by agreement between them (Article 63 of the Civil Code of Ukraine).
A wife and husband have the right to divide property belonging to them by right of joint ownership, regardless of the dissolution of the marriage (Part One of Article 69 of the Civil Code of Ukraine).