Insights

Can Ningbo divorce economic compensation and damages be claimed at the same time?

Ningbo Author：LuXu WANG

One party has invested time in the family for a long time, and the other party has a major fault. These two things often overlap. In court, many people only mentioned one of them, or were told that they could only choose one of the two, but the part that could have been claimed was given up in vain. The legal basis and calculation method of the two requests are different. Whether they can be raised together and whether they will be discounted is a clear account before the prosecution.

1. the legal basis for the two requests is not the same

article 1088 of the the People's Republic of China Civil Code is aimed at the imbalance between husband and wife, while article 1091 is aimed at the serious fault of one party. The former is compensation, the latter is compensation; the former does not ask right or wrong, the latter is based on fault. When the two are mixed together, the most common consequence is that the request is general, the evidence is mismatched, and the court cannot judge.

1. The right to claim compensation depends on the input.

The party who bears more housework, raising children, taking care of the elderly and assisting the other party in his work may request compensation in the event of divorce. The other party is not required to be at fault here, nor is the cause of the breakdown of the marriage. The core of the measurement is whether the investment in family affairs between the two parties is obviously unequal, and whether this inequality depresses the income ability and career space of the claimant.

2. The right to claim compensation is a fault.

If bigamy, cohabitation with others, domestic violence, maltreatment or abandonment of family members, and other serious mistakes lead to divorce, the innocent party may request damages. Compensation includes two parts: property damage and mental damage, and in practice, the compensation for mental damage is given priority. Its landing point is the accountability of the act itself, which has nothing to do with the division of household chores, and is not denied by the better economic conditions of the claimant.

2. economic compensation: how to convert family pay.

There is no statutory formula for the amount of compensation, which is at the discretion of the court. What really determines the amount is whether the part of the extra work can be reduced to a fact that can be checked, rather than a general statement that it has been very hard over the years.

Five frequently cited considerations

the first is the duration of housework; the second is the loss of job opportunities and income given up by the claimant for the family; the third is the income and job promotion obtained by the other party in the same period; the fourth is the economic situation of both parties and the ability to live after divorce; and the fifth is the local standard of living and the scale of similar cases. The longer the care time and the more obvious the career interruption, the greater the amount of space to rise. Ningbo's local recognition of long-term care has a real sample: according to the report of Zhejiang old people's daily 2025-04-15, in a case of remarriage and divorce of the elderly tried by Ningbo intermediate people's court, the premarital property agreement of both parties did not stipulate compensation for housework. the woman took care of the family for 8 years, and the first instance decided to compensate 1000

00yuan based on the principle of fairness.

3. Damages: Five Statutory Fault Situations

the legal situation is to list four items and add one item to the bottom. It is not that the other party can compensate if it is wrong. Extramarital contacts, cold violence, personality incompatibility such statements do not meet the legal threshold, as a separate basis for compensation often failed.

Identification threshold of the first four categories

bigamy requires the fact of re-registration of marriage or living together in the name of husband and wife. Cohabitation with others emphasizes continuous and stable living together, and occasional contacts are not included. Domestic violence includes both physical abuse and frequent verbal abuse, intimidation and other mental abuse. Abuse and abandonment point to long-term and more serious behaviors, which usually require multiple documents to confirm each other.

Feasibility and boundary of 4. parallel propositions

both requests may be filed together in the same divorce proceedings, or only one of them may be filed. The parallel claim does not constitute a duplicate evaluation, because the basis of the claim, the constituent elements and the legal interests protected are not the same.

Will the mention together depress the amount of each other?

Formally, they do not exclude each other, but they pull each other in their actual discretion. The judge will look at the property benefits that the innocent party has received when determining the compensation for moral damage, and will also pay attention to the circumstances of the fault when determining the amount of compensation. It is safe to list the requested amount and the basis of calculation separately, instead of just writing a total, so that the two items can stand up.

The time point and the list of evidence for 5. submission.

Both requests are time-bound and often very passive when missed. Procedural negligence is more common than factual deficiency.

The different treatment of divorce by agreement and divorce by lawsuit

if no damages are filed at the time of divorce by agreement, a separate lawsuit may be filed within one year after the divorce registration; in a litigation divorce, if the innocent party is the plaintiff, it shall be filed together in the divorce proceedings, and if the defendant does not agree to the divorce, it may be filed in the first instance court before the end of the debate, or it may be filed separately within one year after the divorce. It is also advisable for the family to pay compensation together in the divorce proceedings.

6. case proof

in practice, if one party takes full-time care of the family for more than eight years and the other party's income and position continue to rise over the same period, the court usually recognizes the family's claim for compensation. Taking the case of the total amount of joint property of husband and wife of several million yuan as an example, the amount of compensation mostly falls in the range of 50000 yuan to 200000 yuan; those who take care for a longer time, give up a stable occupation and have difficulty in re employment can reach more than 300000 yuan. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

In practice, if one party has been living together with others for more than two years, and there is a lease contract, property access records and neighbor testimony to confirm each other, the court generally determines that it constitutes a legal fault, and the mental damage solace is common in the range of 20,000 yuan to 100,000 yuan. If the innocent party in the same case claims that the family should pay compensation separately, the court will review and decide separately, but will take into account the inclination of the property division when deciding the comfort payment. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to a report by Zhejiang Rule of Law News 2021-10-13, in a divorce case heard by Meishan Court of Beilun District Court, the husband remarried and gave birth to two children with others. The court decided to compensate 150000 yuan for economic compensation and 50000 yuan for damages in accordance with Article 1088 of the Civil Code. The second instance of Ningbo Intermediate People's Court upheld that the two requests were reviewed separately and supported at the same time in the same case, which is a direct sample of "compensation" compensation "compensation.

7. Risk Alert

  • only shouting hard work without proof: the lack of time span, income changes and specific information on the facts of care, the amount of compensation is difficult to raise.
  • Treating all extramarital interactions as a statutory fault: failing to meet the criteria for continuous cohabitation, a separate claim for compensation is usually not supported.
  • Missing the time point of filing: if damages are filed more than one year after the divorce agreement, it may not be accepted due to overdue.
  • Write only one total: the request does not distinguish between compensation and compensation, the court cannot determine separately, and it is easy to be depressed as a whole.
  • The way of obtaining evidence is out of bounds: materials obtained by invading houses and privately installing video recording equipment may be excluded due to legal defects.
  • Ignoring proof of mental damage: diagnosis and treatment records, alarm receipts and injury photos can obviously affect the range of consolation money.
  • The fixation of electronic evidence is not standardized: according to the Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat and other electronic evidence has many defects in proof and is difficult to accept, and important chat records and transfer flows should be kept in the original carrier.

8. FAQ

does the family have to be at fault to get compensation?

No need. Compensation is aimed at the family's unequal pay, and has nothing to do with who is right and who is wrong. As long as you can prove that you have a significantly higher burden of housework, childcare, care for the elderly or assisting the other party's work, you can put forward it.

How much do you generally get for mental damage?

There is no uniform standard. Most cases fall between 10,000 yuan and 100,000 yuan, depending on the nature and duration of the fault, the consequences and the financial ability of the fault party.

Is there any other way to cheat but not live together?

There is. A moderate tilt may be claimed in the division of property; if there is a gift of common property to another person, it may also be separately claimed that the gift is invalid and that it is returned in full.

Can these two requests be agreed upon when the divorce is agreed?

You can. Both parties can directly agree on the amount of compensation or compensation and the method of payment in the divorce agreement, and if the agreement is clear and has been fulfilled, they generally cannot go back on their word and ask for reprocessing afterwards.

Practical Experience of 9. Lawyers

economic compensation and damages seem to be to make up for the loss of one party, but the legal basis is not the same. Compensation is aimed at the imbalance between husband and wife, one party long-term burden of housework, child-rearing, care for the elderly or assist the other party to work, the right to request compensation in the event of divorce, it does not take the other party's fault as a prerequisite. Because the two have different foothold, whether they can advocate at the same time and how to advocate, naturally, they can not be confused, let alone the restriction that they can only choose one of the two. First, put this premise right.

Since the basis is different, the evidence should be organized separately. The party advocating compensation should prepare materials that can reflect the family's efforts and imbalance, such as the daily records of long-term housework and care, the arrangement of giving up or adjusting work to support the other party's career, and the actual state of family division of labor. The party advocating compensation should provide evidence around the legal fault situation and organize the evidence of fault behavior into a chain. The request should be listed separately in the prosecution or trial, stating the facts on which they are based, and writing a general sentence for compensation and compensation, which will easily make the court unable to make discretion and fail at both ends.

The point in time is equally important. The claim for compensation has its own claim, which usually needs to be linked to the request for divorce, and it may not be able to claim it if it misses the time point. Compensation requests should also be made in the divorce proceedings, and don't wait until the judgment is over. It is more advantageous to price the two separately when negotiating, because they are based on different bases and can easily be depressed by the other side as a whole when mixed in a general package. If one party tries to pack it up with compensation if you want it, and fight back with different bases, it can often hold on to the part that should not have been let go.