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Ningbo divorce economic help gold who is qualified

Ningbo Author：LuXu WANG

I heard that divorce can be "financial help", is not as long as there is no money can be asked for? Conclusion first said: no. Article 1090 of the Civil Code sets the threshold very clearly-one party has difficulties in life at the time of divorce, and the other party who can afford it should give appropriate help. There are three elements: the difficult party does have "living difficulties" (relying on personal property and property acquired at the time of divorce cannot maintain the local basic living standard, usually including no place to live after divorce); The other party "has the ability to afford"; And must be filed at the time of divorce. Without one of the three conditions, it is difficult to establish the proposition. This article makes it clear who is qualified, how much and how to give it.

1. Legal Basis and Elements of Dismantling

article 1090 of the Civil Code stipulates: "In the event of a divorce, if one party has difficulties in life, the other party who can afford it shall provide appropriate assistance. The specific measures shall be agreed upon by both parties; if they fail to reach an agreement, the people's court shall make a judgment. "The understanding of" living difficulties "in judicial practice follows the criteria established by previous judicial interpretations: those who rely on personal property and property acquired at the time of divorce cannot maintain the local basic standard of living are living difficulties.

Article 22 of the interpretation (II) on marriage and family, which was implemented in February 2025, further clarifies that in divorce proceedings, if one party has difficulties in life, such as old age, disability, serious illness, etc., and requests appropriate help from the other party who can afford it in accordance with Article 1090 of the Civil Code, the court may, at the request of the party, support it in accordance with the law in combination with the property status of the other party. It can be seen that the object of help is not anyone who is "temporarily in financial difficulties", but a party who is unable to stand on his own feet due to old age, illness, disability, etc. and has no basic livelihood after divorce.

2. should not be confused with compensation for housework and damages.

In practice, many parties confuse economic assistance with two other systems, and here it is clear:

  1. economic help (article 1090): To solve the problem of "basic life after divorce", the premise is that one party has difficulties in life, the other party has the ability to afford it, and has nothing to do with fault or pay;
  2. compensation for domestic work (Article 1088): If one party has more obligations due to raising children, caring for the elderly, assisting the other party in work, etc., he has the right to request compensation at the time of divorce, and the reward is the family's contribution, which must be raised at the time of divorce;
  3. divorce Damages (Article 1091): If divorce is caused by legal faults such as bigamy, cohabitation with others, domestic violence, abuse and abandonment, the innocent party can claim compensation, and the punishment is the fault.

The three can be claimed in parallel after meeting the requirements respectively, but their "admission tickets" are completely different-"poor" corresponds to economic help, "pay more" corresponds to housework compensation, "hurt" corresponds to damages, and cannot be mixed.

3. who is qualified: the referee's caliber in three situations.

  1. Scenario 1: No house, no income or meager income after divorce, difficult to maintain basic living-- A woman who is typically taking care of her children at home for a long time, who is unemployed or sick in old age, may claim help.
  2. Scenario 2: One party has stable income and housing and can live independently.-- Even if the income is lower than that of the other party, as long as it can reach the local basic living standard, it is generally not supported. Economic help is not a tool to "narrow the gap between the rich and the poor.
  3. Scenario 3: The other party is unable to afford it.-- The other party's unemployment, debt, income is only enough to live, the court is difficult to order it to provide help, the other party's ability to prove is the key.

What 4. Help and How: Form and Amount

the forms of financial assistance are flexible and may be negotiated or at the discretion of the court:

  1. one-time payment: if the other party has the ability to pay, a one-time payment of living expenses or medical expenses, the most neat;
  2. regular payment: a certain amount is paid on a monthly or annual basis until the difficult situation improves or the agreement expires;
  3. housing right of residence: if the party in difficulty has no house to live in, it may be agreed or decided to establish the right of residence on the other party's house for a certain period of time (Article 366 of the Civil Code), and the right of residence is established by registration, which is more secure than "temporary residence;
  4. other appropriate assistance: such as helping to pay part of the rent, providing necessities, etc.

In terms of amount, "appropriate assistance" is limited to the protection of basic living and does not compensate for the full difference in income or property between the parties. The court generally considers: the age, health status, labor ability, and residence of the party in difficulty; the income, property, and affordability of the other party; the duration of the marriage relationship and the amount of housework; and the local basic living standard (refer to the per capita consumption expenditure and minimum living standard of local residents). From the perspective of national referees, one-time help is mostly in the range of thousands to tens of thousands of yuan, and regular help is mostly monthly, and the amount is not high-too high a request lacks basis.

Key points of 5. procedures: when to bring up and what evidence to ask

the request for financial assistance shall be filed together in the divorce proceedings, and most of the claims made separately after the divorce are unfounded; if the divorce is agreed, the content of assistance may be agreed in the divorce agreement. The claimant needs to prove "his or her own difficulties": proof of unemployment or low income, proof of medical records and disability, proof of no housing or rental, and a calculation statement that the share of property is insufficient to maintain basic living. At the same time to provide evidence of "the other party has the ability": the other party's salary flow, real estate and deposit clues, operating income evidence.

Risk Warning: Exaggerating difficulties or concealing property is not conducive to good faith evaluation, but may also be counterproductive-the court will verify the overall credibility of false statements. Economic assistance is "appropriate" and expectations are placed on the protection of basic life, but there is more room for mediation.

What to do 6. without a home: right of habitation and housing arrangements

the most typical manifestation of "living difficulties" is that there is no room to live in after divorce, which is also the most concentrated part of the contradiction in the dispute of economic assistance. The solution is more than "giving money:

  1. the establishment of the right of residence: the two parties may agree or the court may decide to establish the right of residence for a certain period of time on the other party's house. The right of residence is established in accordance with Articles 366 to 371 of the Civil Code: a written contract for the right of residence (generally free of charge, or agreed to be paid) must be concluded and registered with the real estate registration agency. Established at the time of registration; the right of residence shall not be transferred or inherited, and shall be eliminated upon the expiration of the term or the death of the right of residence. Compared with "verbal promise to let you live", the registered right of residence can fight against the sale and mortgage of the house, and the protection is more solid.
  2. Agreed temporary residence arrangement: if the right of residence is not registered, it can be agreed in the divorce agreement that "one party can live in the house for a certain period of time", but the arrangement can not be against the third party if it is not registered, once the house is sold, the risk of failure of the residence commitment is high;
  3. rent subsidy: the party who can afford to pay the rental fee on a monthly or one-time basis, the amount and term are clearly written into the agreement, and the implementation is the easiest;
  4. social security connection: eligible parties with living difficulties can apply for minimum living security and temporary assistance to the civil affairs department of the place of household registration or residence. Ningbo local policies are subject to the current regulations of the civil affairs department-economic assistance is a legal obligation between husband and wife. Social assistance is a public security, and the two can coexist.

Common points of failure and avoidance of 7. advocacy for economic help

list the common reasons for the rejection of claims in practice for self-examination:

  1. only after divorce can one claim: after the divorce is decided, a separate lawsuit for financial assistance is mostly rejected due to lack of basis-the request must be filed together in the divorce proceedings, and the agreement for divorce should be implemented in the agreement;
  2. just "lower income than the other party": does not reach the level of "inability to maintain the local basic standard of living", the court does not support it; economic help is not income redistribution;
  3. if you get enough property to make a living: if you get real estate and large deposits at the time of divorce, it is difficult to identify life difficulties even if you are temporarily unemployed;
  4. the other party does not have the ability to afford: the other party's income is meager, their own debt, the court can not be forced;
  5. weak proof: no housing, illness, disability and other difficult facts are not supported by written evidence, and the other party's affordability cannot be verified.

The corresponding preparatory actions are: documented evidence of difficulties (medical records, disability certificates, rental contracts, proof of lack of housing), evidence of ability (clues of the other party's income, real estate, and deposit), and pre-timing of requests (filed and written into the application at the time of divorce).

8. FAQ

can anyone want financial aid for divorce?

Can't. At the same time, it must be met: difficulties in life at the time of divorce (it is difficult to maintain the basic standard of living in the area by relying on personal property and sharing property, and lack of accommodation is usually regarded as difficulties), the other party's ability to afford it, and filing at the time of divorce.

Is financial help the same as compensation for housework?

It's not the same. Compensation for housework (Article 1088) rewards the party who bears more obligations to the family, and financial assistance (Article 1090) solves the basic living difficulties after divorce. The premise and amount logic are different, and the conditions can be claimed separately.

How much and how is the help fund generally given?

Limited to the protection of basic living, one-time, regular payment or establishment of housing residence rights can be made by the court in the light of the conditions of both parties and the local living standards, and the amount is usually not high.

The other party also has no money, can you still help?

Difficult. Financial help is premised on the ability of the other party to afford it, and if the other party is unable to protect itself, the court is generally unable to order help.

Can I ask for more after the financial aid verdict?

generally cannot. Financial assistance is determined at one time on the basis of the difficult situation at the time of divorce, and there is no basis for unilateral requests to increase after the judgment or agreement comes into effect.

Practical Experience of 9. Lawyers

financial help is often mistaken for the bottom line that divorce can require. The threshold is actually very clear: one party does have difficulties in life at the time of divorce, the other party has the ability to afford it, and it must be raised at the time of divorce. Living difficulties refer to the fact that relying on personal property and the property acquired at the time of divorce still cannot maintain the local basic living standard. The most common is that there is no place to live after divorce. If one of the three elements is missing, it is difficult to establish the proposition, so first judge whether it is qualified or not according to one's own situation, and then decide whether to take it as the focus.

It should also be distinguished from compensation for housework and compensation for divorce damages. The three have different bases and different ways of claiming. Don't mix them up in a sentence that the other party wants to compensate me, otherwise it will be easily rejected item by item. Financial help can take the form of a one-time payment, or it can be in installments, providing housing or establishing residency rights. Especially when you have no housing to live in, it is often more practical to advocate a transitional living arrangement than a sum of money. The amount will be determined according to the economic situation of both parties and your difficulty, so proving that I am difficult and he can afford it is the key.

The focus of proof is on two ends: one is one's own income and property status, rent or proof of lack of housing, illness or unemployment and other difficult materials; The second is the evidence of the other party's income, real estate and affordability, which can be obtained and submitted. The most common defeat point is to delay it until after the divorce, or to mention it in general terms in the complaint but not to produce evidence. If it is really necessary, list it clearly in the lawsuit request of the divorce case and submit the materials with the case. Don't expect the referee to consider this item on your own initiative.

The key to financial aid is "really difficult and the other party has the ability": it is really difficult to maintain a basic life and the other party has the ability to afford it. Only when the two premises are established at the same time can the court support it. Advice to the advocate party: truthfully prepare evidence of income, housing, health and distribution of property, and at the same time fix the other party's income and property clues; advice to the "helped party": truthfully explain the affordability at the time of divorce, and if there are difficulties, it can also be settled in a one-time manner through flexible means such as arranging residence rights through agreements.

The meaning of financial help is to make the basic life available after divorce, not to make either party dependent for a long time-to understand its boundaries, so that it can be used properly when it is most needed.