Insights

Can Ningbo Divorce Ask for Youth Loss Fee

Ningbo Author：LuXu WANG

In Ningbo, a party in divorce negotiations immediately demanded “compensation for lost youth,” arguing, “I gave him the best years of my life.” Emotionally, it’s understandable; legally, however, this path is not viable. The conclusion starts with the following: "Youth Loss Fee" is not a legal compensation item and the court generally does not support it. However, this does not mean that the effort cannot be responded to-the parties concerned can claim three types of legal claims according to the actual situation: compensation for divorce damages (the other party has faults such as bigamy, cohabitation, domestic violence, etc.), economic compensation for housework (they bear more family obligations), and economic assistance (they have difficulties after divorce. Only by translating the claim from “youth compensation” into legal language does it have any chance of being upheld.

1. Why is "youth compensation" not supported?

There is no provision in China’s current legal system that stipulates a compensation item known as “youth loss fee” or “compensation for lost youth.” Compensation for divorce damages is legalistic and can only be claimed under the circumstances listed in Article 1091 of the Civil Code. The dissolution of the marriage relationship itself does not give rise to the problem of compensation-marriage and divorce are changes in the status relationship, not "breach of contract" or "infringement" by one party to the other party. Youth giving belongs to the life course of voluntary choice and cannot be quantified as monetary creditor's rights. Therefore, courts generally do not support claims for “compensation for lost youth”; if the opposing party voluntarily agrees to pay such compensation during mediation, the law does not prohibit it, but the court will not issue a compulsory judgment.

2. Three legitimate alternative paths: breaking down the requirements one by one

Option 1: Divorce-related damages (based on the other party’s fault). Article 1091 of the Civil Code stipulates: "Where any of the following circumstances leads to divorce, the faultless party has the right to claim damages: (I) bigamy; (II) cohabitation with another person; (III) domestic violence; (IV) abuse or abandonment of family members; (V) other serious faults." Requirements for claim: (1) The divorce must have been caused by one of the statutory grounds; claims for compensation brought independently without filing for divorce are generally not supported. (2) The claimant must be the party without fault. (3) The claimant must provide evidence to prove the existence of the fault. Note that “other significant misconduct” is a catch‑all provision; persistent adultery, repeated gambling despite admonishment, and other serious circumstances may fall within its scope, but ordinary quarrels or emotional indifference do not.

Option 2: Economic compensation for household labor (in recognition of one’s own contributions). Article 1,088 of the Civil Code provides: “If one spouse has undertaken a greater share of obligations, such as raising children, caring for elderly family members, or assisting the other spouse in their work, that spouse is entitled to request compensation from the other spouse upon divorce, and the other spouse shall provide such compensation.” The specific measures shall be agreed upon by both parties; if no agreement is reached, the People’s Court shall make a judgment. "Elements are disassembled: ① on the premise of actually bearing more family obligations (raising children, caring for the elderly, doing housework, etc.);② It is not conditional on the other party's fault-the full-time housewife (husband) and the payer in" widowed child care "can claim it; ③ The amount of compensation shall be determined by the agreement or the court, with reference to the local living standard, the length of housework and the contribution to the family. This is the closest legal alternative to “youth compensation”: by framing “I have devoted many years” as “I have shouldered a greater share of obligations,” you can make such a claim.

Option Three: Divorce-Related Financial Assistance (for Personal Hardship). Article 1090 of the Civil Code provides: “At the time of divorce, if one party is experiencing financial hardship, the other party who has the capacity to provide support shall render appropriate assistance.” The specific measures shall be agreed upon by both parties; if no agreement is reached, the People’s Court shall make a judgment. Requirements for alimony: ① One party experiences financial hardship upon divorce (i.e., cannot maintain the local basic standard of living with their personal property and the property they receive in the divorce settlement, such as lacking housing, having no source of income, or being ill and unable to work); ② The other party has the financial capacity to provide support; ③ The form of support may be a lump-sum payment, installment payments, or the provision of housing, among other options.

3. Differences and combined usage of the three types of requests

The three have different legal natures and should not be conflated: compensation is based on the “other party’s fault,” allowance is based on the “contributions made to household chores by one’s own side,” and assistance is provided in cases of “financial hardship following divorce.” In the same case, all three claims may arise concurrently and be asserted separately: for example, if a husband’s bigamy leads to divorce, and the wife has devoted many years to full-time caregiving for the family and, after the divorce, lacks both income and housing, she may simultaneously claim damages for fault (due to the husband’s bigamy), compensation for housework (for her years of contribution), and financial assistance (due to her difficult living situation). However, each category must be supported by separate evidence based on its specific elements; avoid making a vague, all‑encompassing request akin to “compensation for lost youth.” In practice, courts, in accordance with the principle of “taking into account the interests of children, the female party, and the faultless party” (Article 1087 of the Civil Code), consider both contributions and fault when dividing property, and the amounts of damages and compensation may vary on a case-by-case basis.

4. Common misconceptions and actionable steps

Misconception Alert:Misconception 1: Compensation for lost youth is a legally recognized item of damages.--No, the court does not support it;Myth 2: You can get compensation simply by getting a divorce.—Compensation is premised on the existence of statutory fault on the part of the other party; no compensation shall be awarded in the absence of fault.Misconception 3: Doing housework does not entitle you to compensation.—Article 1088 of the Civil Code explicitly stipulates that “the party who bears a greater share of obligations is entitled to request compensation”; this includes full-time caregiving and long-term household management.Misconception Four: Compensation and indemnity are the same thing.—Compensation is based on fault, indemnity is based on contribution, and assistance is provided in response to hardship; these three are mutually independent and should be asserted and substantiated separately.

operation steps: ① judge what kind of situation you fall into by comparing with article 1091, article 1088 and article 1090; ② Collect evidence separately-evidence of fault (alarm record, administrative punishment, chat record, cohabitation image), evidence of housework (payment flow, escort record, witness testimony, proof of giving up work for the family), evidence of living difficulties (proof of income, disease diagnosis, housing situation);③ clearly put forward as an independent claim in divorce proceedings, explaining the legal basis; ④ In the division of property, it is claimed to take care of the rights and interests of both the innocent party and the payer.

5. How the amount is determined: Calculation references for the three types of requests

There is no fixed formula for determining compensation, indemnification, or assistance; however, when exercising their discretion, judges generally consider relatively consistent factors:

  1. The reference of the amount of compensation for divorce damage: according to the severity of the fault, the financial ability of the fault party and the local living standard, the judgments of the courts in Ningbo and the whole country are mostly in the range of tens of thousands to more than one hundred thousand yuan (bigamy, cohabitation and domestic violence tend to be high); Article 1091 of the Civil Code lists the cases to be established, which is not based on the actual property loss, comprehensive consideration with reference to the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Tort.
  2. The amount of compensation for household labor is determined primarily by: the duration and intensity of the domestic work performed (e.g., full-time caregiving versus part-time sharing while employed), the contribution to the family and the other spouse’s career, the other spouse’s income level, and the local cost of living. In Ningbo's public cases, the Beilun Meishan court case compensated 150000 yuan (bigamy background, article 1088 + coexistence of faults) and the elderly remarriage case compensated 100000 yuan (eight years of care, no written agreement, based on the principle of fairness)-the amount ranged from tens of thousands to more than 100,000 yuan, and the key was the evidence of "length of effort + intensity.
  3. Forms of economic assistance may include a lump-sum payment, installment payments, provision of housing, or an agreed-upon right of residence, all aimed at alleviating the recipient’s basic living difficulties following divorce. The amount and duration shall be determined in light of the severity of the hardship and the other party’s financial capacity.
  4. Linkage with the division of property: the party at fault may be "underdivided" when dividing the common property (article 1087 takes care of the party without fault), and the three remedies and the division of property can be superimposed, but the court will make a comprehensive measure to avoid repeated profits.

6. Evidence and procedural support for domestic violence-related requests

claims that domestic violence accounts for a high proportion of damages, and the matching of evidence and procedures is the key: ① after calling the police, ask for the receipt of the case or the registration of receiving and handling the police, and require the public security organ to issue a power of attorney for injury identification for serious injuries; ② save the diagnosis certificate, medical records and medical bills after seeking medical treatment, and apply for injury identification if necessary; ③ keep the mediation records for seeking help from the women's women's Federation and village (neighborhood) committee); ④Those who suffer from domestic violence or face real danger of domestic violence can apply to the people's court for a personal safety protection order in accordance with Article 23 of the Anti-Domestic Violence Law-the protection order ruling itself is strong evidence of domestic violence and is not The premise is to file a divorce lawsuit; ⑤ For long-term mental abuse (frequent abuse, intimidation), pay attention to keeping audio recordings, chat records, and witness testimony to form a chain of "mental violence" evidence.

7. The statement of claim and the expression of requests during the trial

Whether requests of the third category can be granted depends half on the evidence and half on the “way of presentation.” Key practical points are as follows:

  1. The litigation request is listed separately: in the complaint, "request to order the defendant to pay compensation for divorce damage x yuan (item x of article 1091 of the civil code)" "request to order the defendant to pay economic compensation for housework x yuan (article 1088 of the civil code)" "request to order the defendant to give economic help x yuan (article 1090 of the civil code)" are written respectively, and each item is marked with law, avoid writing "claim for youth loss x yuan" in general and be rejected as a whole.
  2. Facts and grounds should be presented in accordance with the statutory requirements: clearly set forth the time, place, and details of the wrongful conduct (in line with Article 1091); specify the nature and duration of the domestic labor performed (in line with Article 1088); and detail the specific circumstances of financial hardship (in line with Article 1090), so that the judge can verify each requirement item by item.
  3. Order of presenting evidence during court proceedings: First, introduce the objective evidence (police reports, administrative penalty decisions, medical records); then use documentary evidence to reinforce your case (bank statements, receipts, records); and finally conclude with witness testimony and statements. In response to the opposing party’s defense that “the relationship is still good,” counter with a timeline and behavioral records to avoid getting drawn into emotional arguments.
  4. Alternative Approach When Evidence Fails: Even if evidence of fault is insufficient to support a claim for damages, one may still seek a property division that favors the non‑faulty party under Article 1087, and present domestic contributions as a factor to be considered in the division—damages and property division are distinct avenues, and failure on one does not necessarily mean total defeat.

Case Reference: In the property dispute case following the divorce between Li and Sun A, one party claimed compensation for emotional distress and “loss of youth.” The court held that the plaintiff failed to provide evidence proving the existence of any statutory grounds such as bigamy, cohabitation with another person, or domestic violence on the part of the defendant, and that compensation for “loss of youth” is not a legally recognized item of damages; accordingly, the relevant claims were dismissed. Trial Court: People’s Court of Jiangbei District, Ningbo City Case Number: (2015) Yongbei Zhuang Minchu No. 185

8. Frequently Asked Questions

Will the court uphold a claim for “youth compensation”?

Generally not. It is not a legally recognized item of damages; a claim for “loss of youth” compensation is unlikely to be upheld. If the other party voluntarily agrees to pay, this is not prohibited, but the court will not issue a compulsory judgment requiring such payment. Only by converting the claims into compensation for damages, housework compensation, or financial assistance can they be effectively implemented.

The other party has been unfaithful, but hasn’t gone so far as to cohabitate—can I still seek compensation?

Generally, adultery is unlikely to directly fall under Article 1091(II), "cohabiting with another person," but it may be claimed under Article 1091(V), "other significant fault," requiring proof of the severity of the fault (such as a long-term extramarital affair or having an illegitimate child); at the same time, Article 1087 can be invoked to seek a property division that favors the non-faulting party.

After being a full-time homemaker for many years, am I entitled to compensation in a divorce?

Yes. According to Article 1088 of the Civil Code, the party who has undertaken a greater share of obligations in raising children, caring for elderly family members, or assisting the other party in their work is entitled to request compensation upon divorce, without requiring that the other party be at fault. The amount of compensation shall be determined by taking into account the duration and intensity of domestic labor contributions, as well as the local standard of living.

After divorce, with no home and no income, can I request “financial assistance”?

Eligible, yes. According to Article 1090 of the Civil Code, where one party is in financial hardship and the other party has the capacity to provide support, appropriate assistance shall be granted; such assistance may take the form of a lump-sum payment, installment payments, or arrangements such as the establishment of a right of habitation.

What evidence is needed to prove domestic violence in a divorce case?

The strongest combination consists of the police report receipt, injury photographs, hospital diagnosis, and forensic injury assessment opinion; records from the Women’s Federation and community, as well as a personal protection order and recorded conversations, can serve to corroborate the evidence. If only one party’s statement is presented, it will be difficult for the court to establish the facts. After filing a police report, be sure to obtain a written receipt and retain your medical records.

9. Practical Insights from a Lawyer

It is entirely understandable, from an emotional standpoint, that the plaintiff has demanded compensation for lost youth; however, including such a claim in the statement of claims is almost certain to result in its dismissal, as there is no such item under current law. Rather than getting bogged down in semantics, it is better to frame the same grievances as legally recognized claims: if the other party’s misconduct—such as bigamy, cohabitation with another person, or domestic violence—led to the divorce, you may seek damages for marital harm; if you have long shouldered household chores, childcare, and eldercare, you may claim compensation for domestic labor; and if you genuinely face financial hardship after the divorce, you may also request economic assistance. When the purpose is right, only then does effort have a chance of being rewarded.

The requirements and supporting evidence vary for each type of request—don’t try to force a fit by submitting a random assortment of documents. When claiming damages, the key is to prove the wrongful act itself; the relevant evidence must demonstrate both the existence and nature of the act. When seeking compensation for household chores, the focus should be on showing that one party has undertaken significantly more domestic responsibilities than the other—records of childcare, medical care and caregiving, as well as evidence of foregoing employment or promotion opportunities, can all serve as supporting documentation. As for claiming financial assistance, the emphasis must be on demonstrating actual post-divorce hardships, such as income levels, housing conditions, and health status. Classified preparation is more convincing to judges than putting chat records, transfers and photos in one pot.

These several paths are not only one choice, and claims can be combined if they meet the conditions, but the basis and amount should be clearly stated respectively, instead of making a total price in general. The court has considerable discretion in determining the amount; rather than proposing an emotionally driven figure, it is better to structure your argument around the extent of your contributions, the duration of the marriage, and the other party’s benefits.Another point is often overlooked: the part that wants the other party to pay voluntarily can be discussed at the mediation or agreement stage, written down in black and white, which is more likely to be honored than asking for a judgment payment in court.

"Youth Loss Fee" is an emotional expression, which is not recognized by the law; but the law recognizes three types of real contributions: the other party's fault, his own contribution to housework, and the difficulties in life after divorce. It is recommended that the parties split their claims into three pieces of "compensation and compensation and help", pile up the evidence according to their respective legal basis, claim item by item, and invoke the principle of "taking care of the rights and interests of children, women and no-fault parties" in the division of property, the effect is far better than the general claim.

The two types of "limitation windows" must be remembered: first, damages must be based on divorce-if a separate lawsuit for "compensation" is filed during the marriage, the court will not accept or reject it, and the claim for compensation shall be filed together with the divorce proceedings; If the no-fault party is the defendant and has not filed it in the defense, a separate lawsuit may be filed within one year after the divorce. Second, if compensation is claimed after divorce by agreement, it should be filed within one year from the date of divorce registration according to Article 89 of the (I) of interpretation-"forgiveness" and "no compensation" during divorce by agreement does not of course lose substantive rights, but the court will not accept or reject the lawsuit after missing the one-year procedural window. In addition, the claim that compensation for housework and living assistance are not subject to the above-mentioned one-year limit can be put forward together with property disputes after divorce. Whether and when to claim, it is suggested to "calculate the general ledger" before divorce to avoid missing requests after divorce.