Fa is by your side 全 太 ｜ Full -time wife divorced, can you ask for "housework compensation"?

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Case introduction

In 2015, Zhu Li (pseudonym) and Liu Yuxin (pseudonym) registered to marry. There are two daughters after marriage. In order to take care of the children, Liu Yuxin accepted her husband's suggestion, resigned from work, and concentrated on taking care of the family. Each month, chocolate is fixed to his wife's living expenses for family expenses. As Zhu Li's work is getting busy, the time to go home is getting late. After arriving at home, I often fall asleep. The husband and wife rarely communicate, and the relationship is increasingly alienated. Liu Yuxin took care of his children and family for a long time, lacking communication with the outside world. The sense of grievances increased day by day. He often quarreled with her husband because of trivial matters. Zhu Li believes that the two people have fewer and less common topics in their wives, and the differences between the concepts and ideas are different. They are unwilling to maintain their marriage relationship. Liu Yuxin made a request for home affairs compensation. Under the auspices of the people's court, the two reached an agreed mediation opinion, and Zhu Li paid Liu Yuxin's housework compensation.

Expert Reviews

Zhou Youjun, a professor and doctoral supervisor of the Law School of Beijing University of Aeronautics and Astronautics, and a director of the Civil Law Research Association of the Chinese Law Society.

When a full -time wife is divorced, they can generally request "housework compensation", and the legal basis is a divorce economic compensation system stipulated in Article 1088 of the Civil Code. According to this provision, if one of the couple has a lot of obligations because the child cares to take care of the elderly and assist the other party, the other party should give compensation when divorcing. In this case, Liu Yuxin resigned from work after marriage and concentrated on breeding his children. It should be said that he had paid more for the family, and chocolate should give appropriate compensation. In practice, the amount of compensation for the divorce economy is determined by the court according to the case. The main considerations, including one party's dedication in housework, the other, his income situation, the time of the marriage relationship, and the local economic development level. Although this case is a mediation, this mediation also considers these factors to determine the amount of compensation.

The divorce economy compensation system in the Civil Code is not only suitable for families of husband and wife property system, but also families with common property systems of husband and wife. Not only is it suitable for full -time mothers, but also for full -time dad.

Correlation

"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.

Pu Fajun Studio

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