Marriage is not only a bond of affection, but also carries the legal responsibility of support. Many couples have disharmony in their feelings, live apart for a long time, and one party suddenly falls ill and loses their income. When they ask their spouse for medical expenses and living expenses, they are refused. Many people wonder, without initiating a divorce, can one file a lawsuit to claim alimony solely because of illness? The answer is definitely yes.

  Article 1059 of the Civil Code clearly stipulates that spouses have the obligation to support each other. The party in need of support has the right to sue for alimony if the spouse refuses to fulfill their responsibility. This obligation exists based on the legitimate marital relationship. As long as the divorce registration has not been completed, even if the couple lives apart and has deep conflicts, the spouse with a better economic condition must bear the responsibility of living support and medical assistance. Medical expenses and daily maintenance costs are all within the scope of the support obligation, and living apart cannot be a legitimate reason to refuse payment.

  The court supports the claim for alimony, which requires the satisfaction of two core conditions. First, the party suffering from illness has lost the ability to work due to illness, cannot work for a long time due to treatment, has no stable income such as savings or salary, and is unable to bear basic living and continuous medical expenses; second, the other party has the ability to bear the economic burden, has a stable income and assets, and can share the costs of living and treating the illness. If the party suffering from illness has sufficient savings, adult children fully support them, or the spouse themselves are seriously ill with only enough income to maintain their own survival, the court may consider reducing the amount of alimony, or even reject excessive claims.

  In judicial practice, the amount of alimony is determined by combining the patient's monthly medication, follow-up, and care expenses, the payer's income level, and the local living standards. When filing a lawsuit, it is necessary to keep complete evidence such as medical records, payment receipts, proof of no income, and chat records to prove the difficulty of living and the other party's refusal to provide support. Alimony not only includes living expenses, but also the large medical expenses paid in advance can also be claimed for joint payment.

  It should be noted that the obligation of marital support only exists until the divorce, and the mutual support responsibility is terminated with the dissolution of marriage. If one party is seriously ill and lives in difficulty at the time of divorce, they can only claim one-time economic assistance, and cannot claim long-term alimony. In addition, if a person with the ability to support abandons a seriously ill spouse for a long time, and the circumstances are serious, they may be suspected of desertion and bear corresponding criminal responsibility.

  Spouses should share difficulties together, and support is not just a moral constraint, but a survival bottom line defined by law. When faced with serious illness and no one to help, one should not endure silently. Filing a lawsuit to claim alimony can not only alleviate the pressure of medical and living expenses, but also rely on judicial force to compel the other party to fulfill their legal obligations and firmly safeguard their basic rights of survival.