Can Ningbo Divorce Life Difficulties Help

When you divorce, you have no room to live in, no income, and the other party has good conditions. Can you ask the other party to "help"? There is a legal system of economic assistance for divorce, but it is not the same thing as alimony and damage compensation.

1. what is financial help for divorce

article 1090 of the Civil Code stipulates that at the time of divorce, one party has difficulties in life and the other party who can afford it shall give appropriate help. This is based on the duty of support at the end of spousal status and is intended to allow the vulnerable party a smooth transition, rather than long-term support.

Premised by "affordability"

financial help is not unconditional. The requestor needs to prove that he has a difficult life and that the other party has to be able to afford it. If both parties are tight, it is difficult for the court to order one party to help the other in the long term.

The difference between 2. and compensation and compensation.

Financial help is different from compensation for domestic work (more obligations for one party) and from damages (for fault). It is an independent, "life difficulties" as the core of the support system, the three can coexist but see their own conditions.

1. The application of the three does not conflict

in the same divorce, one party may either claim compensation for housework or request financial help for living difficulties. Each item is reviewed separately and is not a substitute for each other.

2. The three claims can be superimposed.

Financial assistance is aimed at difficulties in life after divorce, household compensation is aimed at one party's investment in raising children and caring for the elderly, and damages are aimed at the other party's legal faults such as bigamy, cohabitation and domestic violence. The three requests have different bases and may be filed together in the same divorce proceedings. In practice, housework compensation is mostly in the range of 10000 yuan to 80000 yuan, and damages are mostly in the range of 50

00yuan to 50000 yuan.

Identification of 3. living difficulties

living difficulties generally refer to the inability to maintain the local basic standard of living on the basis of the property and income obtained after divorce, or to live without a house. For example, those who are sick, unemployed, have no housing and are unable to solve them are more likely to be identified.

Short-term difficulties and long-term difficulties

the court will distinguish between temporary hardship and continuing hardship. The form and duration of assistance are therefore different, and temporary turnover is not treated in the same way as long-term housing assistance.

Forms of 4. help

help can be in the form of a lump sum of money, living expenses for a certain period of time, or appropriate arrangements for housing tenure or home ownership. The specific determination is based on the property status and actual needs of both parties, and the emphasis is on "appropriate" rather than "reciprocal".

There are two ways to land in addition to cash.

In addition to one-time or installment cash payment, there are two common types in practice: one is to grant a certain period of housing residence, usually one to five years and a clear expiration arrangement; the other is to transfer the ownership of a specific property directly to the recipient, such as a small apartment or a car to the other party, in kind instead of cash, to avoid repeated pulling in the execution stage.

How to determine the difficulties in 5. life and how much help is appropriate

there are two common criteria for determining living difficulties: one is that personal property and shared property after divorce are not enough to maintain the local basic living standard, usually referring to the local minimum living security line; the other is that there is no place to live after divorce. Satisfying one of them can be claimed, and both are not required. On the other hand, it is only a decline in income and a lower standard of living than before, which generally does not constitute a difficulty in life in the legal sense. Ningbo parties can refer to Ningbo's current minimum living standard self-test whether it meets the standard, and if there is no room, they can apply to the real estate registration agency to inquire about the real estate situation under their name as evidence of claiming living difficulties.

There is no fixed formula for the amount of help, and the court mainly measures three points: the difficulty and duration of the recipient, the actual affordability of the payer, the duration of the marriage and the contribution of both parties. The common range of one-time payment is 20000 yuan to 100000 yuan; for those who provide assistance in the form of housing residency, the period is mostly 1 to 5 years; for those who pay monthly, they usually refer to the local minimum living security standards.

6. case proof

in practice, the woman has no self-owned housing and no stable source of income after divorce, and the man has a strong affordability. In addition to the division of property, the court ordered the man to pay a one-time economic assistance of 50000 yuan to protect the woman's rental and basic life during the transitional period. The one-time assistance amount for similar cases mostly falls in the range of 200

00yuan to 100000 yuan.

In practice, one party loses the ability to work due to a major illness and will indeed be in difficulties after divorce. The other party has two properties under his name and his monthly income is stable. When dividing the common property, the court ordered the payer to provide assistance in the form of the residence right of one of the houses for a period of 3 years. After the expiration of the term, it will be negotiated separately, taking into account the residence needs of the recipient and the property right of the payer.

7. Risk Alert

• mix financial help with alimony and compensation.
• He also has income but claims difficult and difficult to get support.
• The other party is unable to afford it and the request falls through.
• Only verbal difficulties, no income housing evidence.
• The expectation of long-term support goes beyond the scope of "appropriate help.

8. FAQ

what is financial help for divorce?

When one party has difficulties in life and the other party has the ability to afford it, appropriate help should be given when divorcing, which is the support after the termination of the spouse.

Is it the same as housework compensation and compensation?

It's not the same. Help depends on living difficulties, compensation depends on paying more, compensation depends on mistakes, and the three trials can coexist.

How is life difficult?

It is often found to be difficult to maintain the basic livelihood of the local area by sharing property and income, or to live without a house.

Can help support me for a long time?

Can't. Economic assistance is "appropriate" and is transitional assistance, not long-term support.

How much do you usually get for divorce financial help?

The common range for one-time payments is $20000 to $100000, depending on the degree of difficulty, the payer's affordability and the length of the marriage. It is also possible to advocate the replacement of housing residency, with a term of 1 to 5 years, or monthly payment and implementation with reference to the local minimum living security standards.

The other party said that he was not well-off either. Do you still need to help me?

Financial help is premised on the ability of the other party to afford it. If the payer himself is in a difficult situation, the court may not support or significantly reduce the amount. Therefore, the proof should not only prove their own difficulties, but also provide the other party's income, real estate, vehicles and other property clues, in order to form a complete claim basis.

Practical Experience of 9. Lawyers

at the time of divorce, I have no house to live in and no income. I want to ask the other party to "help". There is a system of economic help for divorce in law, but it is not the same as alimony, damage compensation and housework compensation. Each has its own conditions. It has two premises: the requesting party has a difficult life after divorce, and the other party has the ability to afford it; the purpose is to allow the disadvantaged party to make a smooth transition, not long-term support. Therefore, instead of asking for "take care of me" in general, we should position ourselves-whether it is not enough to maintain the basic life of the local area after getting the property, or whether there is no place to live after divorce, one of them can be claimed, and both of them are occupied, with more sufficient reasons.

One of the common criteria for determining "living difficulties" is that personal property and shared property after divorce are not enough to maintain the local basic living standard, usually referring to the minimum living security line; the other is that there is no place to live after divorce. Just the decline in income, the day is not as good as before, generally does not constitute a legal sense of the difficulties. Accordingly, it is necessary to prepare proof of income and property status, employment or illness, no housing or housing difficulties inquiry materials, can reflect the affordability of the other party's income, real estate and other information should also be provided, because "appropriate help" to measure both sides at the same time, it is not enough to say that their own difficulties.

The form of help is not only cash: it can be a one-time payment or a certain period of living expenses, or it can be a certain number of years of housing residence and agreed to retire, or directly to the recipient of a property in kind to replace cash, to avoid repeated pulling in the implementation phase. When negotiating, we should clarify the form and time limit, and don't just write "help. It should also be reminded that the basis of requests for financial assistance, compensation for housework and compensation for damages are different. If the conditions are met, they can be put forward together in one case. Don't think that if you claim one, you can't ask for another. However, each item must be supported by corresponding facts and evidence. Only when the direction is right can the claim stand.