How Much Additional Compensation For Divorce?

Firstly, we have the concealment or transfer of marital property, as well as the fabrication of marital debts. According to Article 1092 of the Civil Code, if one spouse intentionally hides, transfers, sells, damages, or wastes marital property, or creates false marital debts with the aim of taking possession of the other spouse’s property, the court has the authority to grant a smaller or no share of the property to the offending spouse during the division of marital assets in divorce proceedings. In such cases, the innocent party may be entitled to a larger portion of the property.

It is crucial for the affected party to be vigilant and gather evidence if they discover significant amounts of money being transferred out of bank accounts, unusual spending patterns, valuable possessions missing from the home, or instances of real estate being sold or transferred at unusually low prices.

Secondly, the faultless party may be entitled to a greater share of the property. Under Article 1091 of the Civil Code, if one party is at fault, such as engaging in bigamy, cohabiting with someone else, committing domestic violence, abusing or abandoning family members, or demonstrating other substantial faults, the innocent party has the right to seek compensation for damages. This is commonly known as the system of divorce compensation. The determination of significant faults is based on the facts of the fault and the resulting harm, as assessed by the Supreme People’s Court.

Furthermore, compensation for domestic labor is an important consideration. As stated in Article 1088 of the Civil Code, if one spouse has shouldered a greater burden in child-rearing, caring for the elderly, or assisting the other spouse’s work, they have the right to request compensation from the other spouse during divorce proceedings. Women often face the dual responsibility of social and domestic labor, and compensation for domestic labor reflects the principle of balancing rights and obligations within family life. The specific amount of compensation is determined by factors such as the local economic standard of living, the duration of the marriage, the contributions made by one party to the family, and the financial capacity of the other party.

When it comes to property division during divorce, the well-being of children and the interests of the wife are taken into account. According to Article 1087 of the Civil Code, the division of common property should be mutually agreed upon by the couple. If an agreement cannot be reached, the court will make a judgment based on the specific circumstances, while prioritizing the welfare of the children and the interests of the wife. In cases where mutual agreement is absent, the court may award a larger share of the property to the party responsible for the care of the children. This is done to mitigate the impact and harm caused to the minors involved in the divorce.

Lastly, let us consider situations where one party faces financial difficulties. Article 1090 of the Civil Code stipulates that if one party is experiencing financial hardships during divorce, the other party, who has the means to bear the burden, should provide appropriate assistance. The specific method of assistance should ideally be determined through mutual agreement. However, if an agreement cannot be reached, the court will make a judgment. Financial difficulties refer to cases where an individual’s personal assets and the property acquired during divorce are insufficient to maintain a basic standard of living in the local area. Spouses have an obligation to support each other, even after divorce. Therefore, during property division, if one party is facing financial challenges, the court will ensure that appropriate care is provided.