For a long time, the value of domestic labor has often been overlooked in the division of marital property. Full-time housewives or househusbands who give up their professional development for the family and take on a large amount of child-rearing and care work can only divide the common property of the couple during divorce, and their personal sacrifices and opportunity costs are difficult to be compensated. After the implementation of the Civil Code, the domestic labor compensation system has been fully activated, truly recognizing the value of domestic labor.

  Article 1088 of the Civil Code stipulates: If one party to the marriage assumes more obligations due to child-rearing, caring for the elderly, assisting the other party in their work, etc., they have the right to request compensation from the other party during divorce, and the other party shall provide compensation. Unlike the original Marriage Law, this provision no longer requires the separate property system agreed upon by the couple as a premise. Whether the couple implements the separate property system or not, as long as one party has made a significantly greater contribution to the family, they can claim compensation. This is a major legislative progress.

  However, the most concerned issue for the parties involved is often: how much compensation can be awarded? The law does not set a unified calculation standard and does not exist a fixed calculation formula. According to the spirit of the judicial interpretations of the Supreme People's Court and the judicial practices in various places, the court usually determines the amount of compensation by considering the following factors:

  First, the duration of the marriage. The longer the marriage, the greater the cumulative investment in domestic labor, and the higher the compensation amount accordingly. For marriages that only lasted a few years, the compensation is usually lower; for full-time housewives or househusbands who have been married for more than ten years, the compensation amount will be significantly higher.

  Second, the intensity and scope of domestic labor. Is it only responsible for part of the household chores, or has completely given up work to take care of multiple children and the elderly? Did they deeply participate in the other party's career assistance? The more time and energy invested, and the greater the sacrifice of professional development opportunities, the higher the compensation amount.

  Third, the economic capacity of the payer and the local living standards. The compensation amount cannot be separated from the actual payment capacity of the payer and needs to be determined comprehensively in combination with the income levels of both parties, the family asset status, and the per capita disposable income of local residents. For families with better economic conditions, the compensation standard is correspondingly higher.

  Fourth, the impact of domestic labor on both parties' career development. If one party interrupts their career due to taking on domestic responsibilities and loses promotion opportunities, while the other party's career development significantly benefits from the family contributions of the other, the court may determine to increase the compensation amount.

  From the perspective of judicial practice, the common compensation amount in ordinary areas is usually between 20,000 and 100,000 yuan, and for those with shorter marriage durations, it may be lower. In a few cases, where the marriage duration is long, the labor intensity is high, and the economic conditions of the other party are good, the compensation amount can reach several hundred thousand yuan or even higher. It should be noted that domestic labor compensation is an additional compensation beyond the normal division of marital property and is not deducted from the common property.

  Lawyers remind that when claiming domestic labor compensation, attention should be paid to the preservation of evidence, such as records of child and elderly care, household expenditure vouchers, chat records, and statements of the other party acknowledging the contribution of domestic labor. Although domestic labor is intangible, its value should be seen and respected. The law is providing protection in a more fair manner for the party who silently makes contributions to the family.