Jehona has been living in a rented one-room apartment in Pristina for several months. She works two jobs to cover her expenses and those of her young son, whom she is raising alone after separating from her ex-husband.
Jehona - a name chosen by the Radio Free Europe (RFE/RL) editorial team to preserve her anonymity - decided to restart her life after reporting domestic violence, which she says she had experienced for several years.
"I started from scratch. I don't have any inheritance from my father. But I don't have a problem. As long as I have health, I work," says Jehona.
She claims that her ex-husband is doing quite well financially.
In addition to the house where she lives, she says that her ex-husband also bought an apartment in Fushë Kosovë during the time they were married.
"He never told me anything, he kept things very secret. He bought an apartment, he has a car. He transferred everything to his brother's, his father's, name, so he wouldn't share it with me," says Jehona.
"He could help me, because he has the conditions, he works... But he works illegally, he takes the money in cash, he doesn't declare it," she claims.
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The Family Law in Kosovo considers property created during a marriage as joint property, which, in the event of divorce, must be divided equally between the partners.
But, this right defined by law is not recognized for many other women, like Jehona, says Melisa Kadolli, court monitor at the Kosovo Women's Network (KWN).
She tells REL that the RWK itself, which provides legal assistance to women, has encountered cases where women have been denied this right, "due to the concealment of property by ex-husbands," who leave it in the name of a relative.
"Often, courts rely primarily on evidence brought by the parties, without taking proactive action themselves to investigate and obtain evidence," says Kadolli.
Arrita Rezniqi from the Kosovo Justice Institute warns that such a thing constitutes a criminal offense, which "depending on the circumstances, may be punishable by up to eight years in prison."
Since cases of division of joint property belong to the field of civil justice, Rezniqi explains that the parties themselves have the duty to present facts and evidence for their claims.
"Therefore, the court is bound by the party's request and cannot decide beyond that. This means that, at the moment when the party itself or through a representative submits its request, it must clarify and specify all the necessary elements," she says.
Kosovo's informal labor market complicates the process of dividing assets. According to a report last year by the KRWG, about 42 percent of Kosovars do not receive employment contracts and are not registered as employees in the companies where they work.
Women are also involved in the informal market, which means that they, too, potentially have undeclared assets, which they can hide during the divorce process.
However, over 80 percent of women in Kosovo are not part of the labor market, according to data from the Kosovo Agency of Statistics (KAS).
The data show that men are employed at a significantly higher percentage than women.
Also, men inherit property and wealth from their families, which makes it easier for them to invest to increase their wealth later.
According to statistics from the Kosovo Cadastral Agency, not even a fifth of properties in Kosovo are owned by women.
For this reason, women are the ones who suffer the most from hiding wealth, often at the expense of their children.
Family law provides that divorced partners can request what is known as child support payments. When the court decides on the amount of this payment, the judge takes into account the parent's financial situation and circumstances.
Without declared assets, a parent can avoid paying a larger amount.
Jehona says that the court has decided that her ex-husband must pay 100 euros per month for the maintenance of their son.
"Sometimes it's quiet, sometimes it's not," says Jehona.
Kadolli from the NRKG expresses concern over the non-implementation of many court decisions for the payment of alimony.
She calls for harsher penalties for those who evade these payments.
"Mechanisms, such as blocking bank accounts or penalties for non-payment, are rarely used, and the responsible bodies do not do enough to ensure that alimony is paid on time," says Kadolli.
Non-payment of alimony constitutes a criminal offense, and Rezniqi from the KLI indicates that it can be initiated as "evasion from providing means of subsistence", but also "contempt of the court".
"In contrast, it is worth noting that local legislation has also defined situations when the parent fails to provide sufficient alimony, after which this obligation passes to other relatives according to the order of inheritance," explains Rezniqi.
The latest ASK data, from 2019, shows that in 75 percent of divorce cases, children live with the mother.
Kadolli believes that these problems have consequences that are not only financial.
"They create great insecurity and stress in women, making them feel powerless in the face of a system that does not protect them properly. It is an injustice that denies women and children a safe and dignified life," says Kadolli.
For this reason, she calls for justice institutions - which are often criticized for a lack of seriousness in their work - to start playing a more proactive role.
But, not only that. Kadolli believes that the unpaid childcare and household work they have done during marriage should also be recognized as a contribution of women.
"Although women play an active role in caring for the family and maintaining the home, men often consider financial contribution as the only thing that has value," says Kadolli.
In Kosovo, according to data published in October 2022 by the Musine Kokallari Institute, unpaid domestic care work amounts to over 1.8 billion euros.
That report showed that women spend an average of 6.2 hours a day taking care of family members or the home, while men spend 3.5 hours.
A report last year by the NRKW shows that women feel overwhelmed by work at home - which leads them to be inactive in the labor market, and consequently less financially independent. /REL/ (A2 Televizion)
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