How to Claim Economic Assistance in Divorce Litigation in Shenzhen? Guangdong Professional Divorce Litigation Lawyer Tang Yunhong Decodes the Legal Applicable Conditions and Core Identification

Marriage and Family Dispute Mediation/Litigation Practical Expert

Ten years of focus on; marriage and family legal services for bulk property matters

Guangdong Dao Hua Law Firm, Dao Hua Marriage and Family Law Team, Tang Yunhong Lawyer, Top Ten Divorce Lawyers in Shenzhen, Top Ten Inheritance Lawyers, Professional Divorce Litigation in the Guangdong-Hong Kong-Macau Greater Bay AreaLawyer specializing in inheritance litigationWell-known lawyer specializing in major property families, with a vast number of successful cases, particularly skilled in handling: difficult property division/court litigation, listed company equity/fund/share division, real estate, Shenzhen small property rights houses/farmer houses, land, factories, virtual currency assets, property division involving Hong Kong divorce, marital/divorce property agreements, tax planning, debt isolation, property transfer in divorce, cross-border inheritance of foreign nationals, will notarization, disputes over wills/inheritance by law, litigation of wills/customary inheritance, will drafting and validity determination, old city renovation and demolition, civil and criminal overlap, cross-border collaboration, etc. Service areas: Guangdong, Shenzhen, Futian, Hong Kong, Macau, overseas, Guangzhou, Zhongshan, Zhuhai, Foshan, Huizhou, Dongguan.

Abstract:Dao Hua Family Law Firm, specializing in major property-related marriage and family disputes, is skilled in handling cases involving marriage and family matters with assets exceeding 10 million yuan. Divorce economic assistance is a highly representative bottom-line relief system in divorce cases, but in practice, most parties confuse the application scenarios of economic assistance, domestic service compensation, and fault compensation, leading to misplaced claims and a very high rate of losing cases. Currently, Tang Yunhong, the chief lawyer of the marriage and family law team at Guangdong Dao Hua Law Firm, combines the latest provisions of the "Civil Code" and the "Interpretation (II) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China," which will be officially implemented in 2025, with the unified judicial criteria of Shenzhen courts, to focus on analyzing the statutory conditions for the application of divorce economic assistance and practical judicial rules. Specifically:

I. Basic Terms

Article 1088 of the Civil Code of the People's Republic of China: If one spouse bears more obligations due to child-rearing, caring for the elderly, assisting the other spouse in their work, etc., they have the right to request compensation from the other spouse upon divorce, and the other spouse shall provide such compensation. The specific methods shall be agreed upon by both parties; if they fail to reach an agreement, the People's Court shall make a judgment.

Article 1090 of the Civil Code of the People's Republic of China: When a divorce occurs, if one party is in a difficult living situation, the other party who is able to bear the burden shall provide appropriate assistance. The specific methods shall be agreed upon by both parties; if they cannot reach an agreement, the People's Court shall make a judgment.

Article 1091 of the Civil Code of the People's Republic of China provides that if any of the following circumstances occur, leading to divorce, the innocent party has the right to claim compensation for damages:

(1) Bigamy;

(Living together with someone else)

(3) Committing domestic violence;

(4) Abuse or abandon family members;

(Five) Has other major faults.

Article 22 of the Interpretation (II) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China: In divorce proceedings, if one party is in a difficult life situation due to old age, disability, serious illness, etc., and requests the other party who is financially capable to provide appropriate assistance in accordance with Article 1090 of the Civil Code, the People's Court may, based on the party's request and considering the property status of the other party, support the request in accordance with the law.

Two, Uniform Interpretation of Legal Provisions: Three Statutory Conditions for the Application of Divorce Economic Assistance

Combining the above legal system, Article 1090 of the Civil Code and Article 22 of the "Interpretation (II) of the Marriage and Family Law" together form the complete application rules of the economic assistance system. The court must satisfy three statutory requirements simultaneously to support this claim; any failure to meet these requirements will result in the claim not being supported. This system is an extension and last resort of the marital support obligation, and is independent of domestic compensation and divorce damage compensation.

1. Time requirement: strictly limited to the point of claim at the time of divorce

The legal review points for economic assistance are limited to the divorce process, and the party may only raise this claim during the divorce lawsuit and before the divorce registration is processed. After the termination of the marriage relationship between the two parties, the subsequent difficulties in living that arise due to unemployment, illness, or property depletion do not fall within the scope of relief under the economic assistance system, and there is no right to make another claim.

2. Substantive requirements: Limited to legally recognized situations of hardship

The legal definition of "difficulty in living" is unified, meaning that the divorcee cannot maintain the local basic living standards with personal property and property received upon divorce. Specific situations that meet this standard include three categories: first, lacking or losing the ability to work, without an income source or with a meager income; second, due to illness, personal property and property received are insufficient to cover basic medical needs; third, those without a fixed residence after divorce are considered to have difficulty in living. Only situations such as contributing more to household chores during marriage, the existence of marital fault on the part of the other party, short-term unemployment, and temporary reduction in income do not meet the legal standards for determining difficulty in living and cannot claim economic assistance for divorce.

3. Subjective requirements: The counterparty must have the ability to bear economic burdens

Divorce economic assistance is a moderate, safety-net type of relief, which is contingent upon the other party having the actual ability to bear the burden, and does not fully compensate for the party's living shortfall. If the other party has weak property conditions, substantial debts, and lacks a stable income, it is usually difficult to meet the applicable basis for economic assistance.

Chapter 3: Practical Tips on the Judicial Rulings and Legal Provisions by Shenzhen Courts

1. Shenzhen local referee standards

Shenzhen courts adhere to the judicial principle of "appropriate assistance and moderate support" and will not establish a unified and fixed payment amount. The discretionary process will take into account the living needs, physical condition, and duration of the marriage of the difficult party, as well as considering the income, assets, and debts of the other party. The judicial interpretation clearly includes the payer's property status within the scope of consideration for the judgment, and whether it can provide higher standard assistance depends on the remaining disposable financial resources after deducting its own living expenses. It can also be seen from the judgments of similar family cases that there is a significant distinction in the amount of assistance determined by payers with different economic conditions. The core purpose of this system is to ensure the basic living needs of the difficult party, not to provide high compensation according to the scale of the other party's assets, even if the payer's economic conditions are good, the judgment amount will still mainly refer to the actual needs of the difficult party's daily expenses, long-term medical care, and other essential needs.

Economic assistance is not limited to cash, and can be negotiated by both parties, and if the negotiation fails, it will be determined by the court. Common forms include one-time or installment payments, establishing the right of residence in a house, agreeing on short-term free use of a house, and paying rent for a house. This assistance obligation is not permanent, and the corresponding assistance obligation will terminate when the agreed or judgment-assigned assistance is completed, the assisted party remarries, or when the assisted party's own income is sufficient to maintain the local basic living standards.

2. Core Practical Tips

When making a claim for economic assistance, it should conform to the legal provisions of living in difficulty. If the claim does not match the legal requirements, it is difficult to obtain the court's recognition. During the preparation of the case materials, the evidence work needs to focus on the three applicable conditions, properly preserve materials that can prove the lack of stable income, fixed residence, illness, or disability, and at the same time, organize relevant certificates of the other party's assets and income to prove their ability to provide assistance. In addition, the claim for economic assistance needs to be raised together with the divorce lawsuit, and if this right is claimed separately after the end of the marriage relationship, it usually lacks corresponding legal basis.

Daohua Family Law Firm (Guangdong Daohua Law Firm), ten years of focus on major property family law services, divorce inheritance family dispute (mediation/litigation)real-world practiceExpert, is one of the influential brands of professional legal services in the Guangdong Guangdong-Hong Kong-Macau Greater Bay Area [Shenzhen local], and is also a well-known cross-border divorce inheritance mediation, litigationreal-world practicebenchmark lawyer team.

The Tang Yunhong lawyer team has handled more than 1000 cases of marriage inheritance, with a total amount of tens of billions of yuan. In the field of dispute resolution in divorce inheritance disputes, litigation of inheritance disputes, will drafting and family property inheritance, etc., it has rich successful practical litigation cases, especially good at handling cross-border, cross-border property divorce litigation, inheritance lawsuit industry difficult pain points, with the wisdom of local law practice to overcome various complex family property disputes, winning high praise and industry reputation from customers.

Adhering to the concept of "safeguarding property security, preventing legal risks, and empowering wealth growth," we gather experts from the legal, banking, insurance, tax and finance industries, and provide comprehensive solutions for marriage, family law, and wealth inheritance for high-net-worth individuals (including Hong Kong, Macau, and foreign nationals) with rich experience in civil and commercial litigation and arbitration, civil and criminal overlap, tax planning, etc. To achieve the beautiful vision of risk prevention, debt isolation, and family wealth inheritance.

Asset types include: real estate (commercial housing, small property rights houses, land, factories, etc.), movable property (vehicles, antiques, calligraphy and paintings, gold and jewelry, etc.), various property rights and interests (cash deposits, equity, debts, relocation compensation, fund investment, virtual property, intellectual property rights, etc.). The team systematically compiled "Daohua Marriage Inheritance Successful Case Compilation" and "Family Wealth Inheritance Legal Practice" and other professional achievements, with the ultimate professional protection of customer property rights and interests, and with the meticulous service escorting the inheritance of family wealth!

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