Templates & Tips

Providing you with relevant legal documents and templates.

首页 > Templates & Tips

Tang Yunhong Lawyer: Does the other party need to share the medical expenses for a cohabitation abortion?

Author: Dao Hua Marriage and Family Law FirmDate: 2026-06-15Reads:times

  Many couples who cohabit unexpectedly become pregnant and choose to terminate the pregnancy often find themselves in disputes over the costs related to the surgery and recovery after breaking up. Most people believe that since the marriage registration was not completed, the male party has no obligation to pay, but according to the legal judgment approach, the male party cannot be completely exempted from liability. The various expenses need to be reasonably divided based on the fault of the incident and the actual expenditure.
Cohabitation does not give rise to the legal obligation of support between spouses, but pregnancy is an objective result of the voluntary cohabitation of both parties. Adults should predict the consequences of negligence in protection that may lead to pregnancy and abortion. Abortion not only causes physical trauma to the female party but also leads to various actual expenses. Courts generally rely on the principle of fairness to allocate responsibility in such cases. When both parties voluntarily engage in sexual relations and become pregnant, and there are no special circumstances such as deception or coercion, the medical expenses, hospital expenses, nutritional expenses, and the loss of income during the female party's recovery period due to abortion are considered reasonable expenditures. In practice, most judgments require both parties to share the expenses, with the male party bearing half or a corresponding share of the costs, and it cannot be excused by breaking up or not getting married.
If the male party has major faults, he shall bear a higher proportion of expenses. If he conceals his marital history, deliberately induces the female party to become pregnant, and engages in sexual relations against the other party's will resulting in pregnancy, and if the female party terminates the pregnancy, based on medical records, chat records, and other evidence, the female party may claim that the male party bear the majority of even all medical expenses. If there are residual physical sequelae, she may also claim expenses related to subsequent rehabilitation. If the abortion is due to unilateral factors such as the female party's unilateral discontinuation of medication, deliberate concealment of her physical condition, and the male party has no fault, he may be compensated in a small amount in accordance with the principle of fairness.
  Both parties voluntarily enter into a written compensation agreement, stipulating the payment plan for the expenses related to abortion. As long as the agreement is made in accordance with the true intention and does not violate public order and good customs, the agreement has binding force. The male party cannot arbitrarily regret and default on the payment after the fact. When the male party fails to fulfill the agreement, the female party can claim her rights and interests through litigation. It is difficult to obtain the court's recognition for the separate claim of a large sum of mental damage compensation in daily life. Only when the male party's major fault causes the female party to suffer permanent disability, will the court consider supporting a portion of the mental compensation.
Living together inherently carries physiological and economic risks, and taking proper self-protection measures is the primary prerequisite. In the event of an accident, distributing the losses in accordance with the law is not only to safeguard one's legitimate rights and interests but also a responsibility that adults should shoulder.
Online AppointmentMADE AN APPOINTMENT

No registration required, quick appointment, expert lawyers provide customized legal service solutions

  • Consultation Appointment:400-829-6880
  • Private Space:18126123723
  • Law Firm: Guangdong Daohua Law Firm
  • Email:DAOHUALAWMF@163.com
  • Address:810, Rongchao Economic & Trade Center, 4028 Jintian Road, Futian District, Shenzhen (Next to Civic Center)
Appointment WeChat
Team Public Account