Can "family cook" be compensated when divorced?

Author:Tianjin Senior People's Court Time:2022.09.12

Marriage and family life

There is one of the husband and wife

Often childcare children, taking care of the elderly

Assist in the other party's work

Take more family obligations

If such a husband and wife divorce

Affordinate with more family obligations

"Housewives" or "Family Cooking"

Can they be required to give economic compensation?

Please follow Xiaobian's pace

Let's take a look at this case today

Introduction to the case

After a sweet love, Ms. Wang and Mr. Li fell in love and registered to get married. After marriage, she had a son and a daughter. After marriage, the two had conflicts due to family chores. Since 2012, Ms. Wang has been working alone. After the two were separated, the children of marriage followed Mr. Li, and Ms. Wang took care of the children of marriage less.

July 2021

Ms. Wang sued to divorce

Mr. Li believes

Take care of your child's housework by yourself

Paying the due obligations for the family

Divorce should be compensated by economic compensation

The court considers

The original defendant caused the relationship between husband and wife due to family life trivial affairs, and the mediation and was invalid, and should be allowed to divorce. During the existence of the former defendant's marriage relationship, because Mr. Li had a lot of obligations to raise children, Ms. Wang should give appropriate compensation. Comprehensive Ms. Wang's economic income and local living standards. In the end, the court ruled that Ms. Wang paid Mr. Li for compensation of 15,000 yuan.

"People's Republic of China"

Article 1088 If one of the couple has more obligations due to the burden of childcare, taking care of the elderly, and assisting the other party's work, they have the right to request compensation from the other party during the divorce, and the other party shall give compensation. The specific measures shall be approved by both parties; if the agreement does not, the people's court will be judged.

Judge

After the implementation of the "People's Republic of China"

No matter what kind of property system

When husband and wife divorce

No matter the man or the woman

You can put forward the claim of housework and labor compensation

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