Full-time wife gets 50,000 yuan housework compensation for divorce
What does the first determination mean? Is the amount too low? Lawyer explained
According to news from Beijing Court Network on February 4, Beijing Fangshan Court applied the new provisions of the Civil Code and concluded a divorce and housework compensation case for the first time recently.
In the case, the full-time wife Wang stated in the divorce proceedings that she requested housework compensation because she was responsible for most of the housework.
In the end, the court ruled that he divorced her husband Chen; at the same time, it also ruled that Chen should pay Wang 50,000 yuan in housework compensation.
The reporter checked multiple divorce judgments involving "housework compensation" on the online judgment documents, and found that no judgment documents supporting this compensation were found in previous judgments.
So, is there a judicial definition of "housework", and what does the first determination mean?
There is a five-year marriage relationship in this case, and the labor compensation at the time of divorce is only 50,000 yuan, an average of only 10,000 yuan a year. Is the amount too low?
In this regard, the reporter invited a number of lawyers to explain in detail.
■Lawyers
How can a full-time wife protect her legal rights?
Should maintain the right to know the family's financial situation
As a full-time wife, you should keep your daily circle of friends and chat records, so that you can have sufficient evidence to prove that you have more obligations for raising children, caring for the elderly, and assisting the other party in the divorce proceedings.
Consult a lawyer before considering divorce, so that you can have a comprehensive judgment on the entire marital relationship and property situation, so as to avoid damage to legal rights
Case retrospective / husband filed for divorce, full-time wife demanding compensation
According to reports from Beijing Court.com, Chen and Wang met and fell in love in 2010. They registered their marriage in 2015 and had a son, Chen Xiao.
The relationship between the two parties was acceptable at the beginning of the marriage, but conflicts began in 2018, and they have separated in July 2018.
Since November 2018, Chen Xiaomou has lived with Wang.
Chen filed a lawsuit to the court for divorce in 2019, and then withdrew the lawsuit; later, he filed for divorce in 2020, and the court ruled that Chen's divorce request was rejected.
In October 2020, Chen once again filed a lawsuit with the Fangshan Court, requesting the court to rule that the two parties divorced, the child should be brought up by Chen, and he asked for the division of joint property and joint debts.
Wang believes that the relationship between the couple has not broken down and does not meet the legal requirements for divorce, so they do not agree to the divorce; secondly, after marriage, Wang takes care of the children and takes care of the housework, and Chen does not care about or participate in other family affairs except for going to work.
At the same time, both parties invested in the renovation of the house under the name of Chen’s mother during the marriage, and Chen’s living with a third party caused Wang’s mental losses, so they requested to divide the property and compensate for material and mental losses totaling 160,000. yuan.
After hearing the court, the court held that in this case, Chen sued for divorce many times, and the two parties have now separated for two years. Although Wang did not agree to the divorce, it was sufficient to prove that the relationship between the two parties had indeed broken down. , The court supported it.
Regarding the compensation requested by Wang, because Wang has undertaken more obligations in raising children, the application of the Civil Code is more conducive to protecting Wang’s legitimate rights and interests, so Wang now requires Chen to give compensation for legitimate reasons; for compensation The court shall comprehensively consider the time of marriage of the two parties and the living conditions stated by the two parties, etc., and shall not support Wang's excessive litigation request.
In the end, the court ruled that Chen and Wang were divorced; the child, Chen Xiao, was raised by Wang, and Chen paid 2,000 yuan a month for maintenance and enjoyed the right to visit; the common property was divided equally between the two parties; at the same time, Chen was judged to pay Wang for housework compensation 50,000 yuan.
Currently, the case is still under appeal.
Case Interpretation/
The Civil Code provides a basis for "housework" compensation
In this case, Wang’s housework compensation was supported by the court. Is there a clear judicial definition of the so-called “housework compensation”?
Attorney Yan Li, executive director of Beijing Dongwei (Chengdu) Law Firm, believes that there is no precise definition of this in Chinese law. However, according to Article 1088 of the Civil Code of the People’s Republic of , Taking care of the elderly, assisting the other party in work, etc., have the right to request compensation from the other party at the time of divorce.” It can be understood that housework mainly includes raising children, caring for the elderly, and assisting the other party in work. , "In simple terms, it means cooking, cleaning, washing clothes, looking after children, supporting the elderly, etc."
In the view of Wan Miaoyan, a lawyer who has long been committed to protecting women’s rights and interests, housework is a "dynamic concept." "The birth, old age, sickness and death of family members and visits by relatives and friends will lead to an increase in labor. It is not limited to manual labor, but also includes brain power. Labor and a certain degree of emotional and loving dedication.” Wan Miaoyan analyzed that the background of the aforementioned verdict’s entry into force was related to the formal implementation of the amendments made in the Civil Code.
On May 28, 2020, the Third Session of the 13th National People's Congress voted and passed the "Civil Code of the People's Republic of China."
This law will come into effect on January 1, 2021, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, and General Principles of Civil Law shall be repealed at the same time.
"Previously, Article 40 of the "Marriage Law" limited the right to claim compensation for housework and labor on the basis of separate written agreements on the property of the husband and wife. However, due to traditional concepts, few people are willing to have their respective property in a written agreement in marriage." Lawyer Wan Miaoyan said.
In contrast to the "Marriage Law" and the "Civil Code", the "Civil Code" Marriage and Family Code has deleted the precondition that "the property acquired during the marriage relationship shall be owned by the husband and wife in written agreement at the legislative level".
"In other words, as long as one party bears more obligations for raising children, caring for the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party when divorcing." Lawyer Yan Li explained.
Lawyer's Statement/
Judicial recognition of the value of housework is necessary
"Women, regardless of whether they have full-time work or not, can remember: at the time of divorce, unless there is a written agreement on the property of the husband and wife, either party has the right to claim the division of the joint property of the husband and wife." Lawyer Wan Miaoyan said, "After World War II, The legal way to recognize the value of housework has become the mainstream of the global rule of law. It recognizes women’s independent personality in society and the family, and recognizes that housework has the right to claim the equivalent of labor remuneration. Article 1088 of the Civil Code makes clear to China In advancing gender equality, we respect the actual social family form."
Wan Miaoyan emphasized that “it is very necessary to recognize the value of housework from a judicial perspective.” According to her analysis, most of the household chores in my country are still borne by wives. The double burden of family and work makes women overloaded with work. “Families should not It is a place where men use female labor for free, and gender inequality in the family not only interprets gender ideology, but also promotes and strengthens the entire gender inequality."
Some netizens questioned that for the five-year marriage in this case, the labor compensation at the time of divorce was only 50,000 yuan, an average of 10,000 yuan a year, which might be too low.
Some netizens even commented that "In Beijing, it is more than 50,000 to find a babysitter a year."
Regarding whether this amount is too low, Wan Miaoyan’s view is that the court ruled that Mr. Chen should pay Ms. Wang 50,000 yuan in housework compensation, based on the "equal division of husband and wife's common property" and "the child’s monthly support is also increased by the man. Take part on the basis of.
As for the amount of compensation, the court comprehensively considers the length of the marriage and the living conditions to decide.
Yan Li believes that, overall, the judgment has a positive judicial and social impact.
"This time the divorce labor compensation judgment came into effect, and it has a certain reference effect for the subsequent judicial trials, especially the subsequent legal precedents for the compensation standards after divorce. At the same time, with the increase of cases, a more complete housework compensation system will be established."
Chengdu Commercial Daily-Red Star News reporter Shen Xingyi