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?
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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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