Do you still have to support your ex-parents-in-law after divorce in Ningbo?

After many years of marriage and taking care of each other's parents as their own parents, is this responsibility still there after the divorce? The legal answer is more straightforward than expected, but there is an often overlooked exception that is worth understanding carefully.

1. in-laws end with divorce

after the marriage is dissolved, the relationship formed by marriage is terminated. The former son-in-law, the former daughter-in-law and the other's parents no longer have legal kinship status, and naturally no longer assume the obligations arising from that status.

The obligation to extinguish identity is extinguished with it.

The maintenance obligation is premised on the status of a specific relative. Identity does not exist, and the obligation does not have the basis of attachment, which is the basic logic of law.

The scope of the statutory maintenance obligation of the 2..

Adult children have the obligation to support, support and protect their parents; if the children are dead or unable to support them, their grandchildren or grandchildren who can afford it shall have the obligation to support their grandparents. This scope never includes daughter-in-law and son-in-law.

Daughter-in-law and son-in-law are not included.

Even during the marriage, the daughter-in-law and son-in-law are not legally obligated to maintain. Daily care is a moral contribution, not a legal burden.

Exceptions 3. widowed daughter-in-law and son-in-law

there is an important exception here: widowed daughter-in-law, widowed son-in-law to parents-in-law, do the main support obligations, as the first order heir. Note that it points to inheritance rights, provided that they are widowed rather than divorced, and the two cannot be confused.

Divorce does not apply to this provision

the legal consequences of divorce and widowhood are completely different. Taking care of the other's parents after divorce is a voluntary act and does not produce the status of the first-order heir.

How to Handle Voluntary 4. Benefits

the law does not prohibit the continued payment of living expenses or care out of affection after divorce, but it is voluntary and can be stopped at any time, and the other party has no right to sue for continued payment. If it has already been paid, it is generally not possible to claim it back.

If there is an agreement, follow the agreement.

If the arrangement of care or payment for the elderly is voluntarily agreed in the divorce agreement, the agreement is valid between the two parties and shall be performed as agreed. If you want to avoid long-term burdens, you should write down the terms and conditions when signing the agreement.

Special provisions on 5. inheritance rights

except in the case of a widowed daughter-in-law and son-in-law, an appropriate inheritance may be distributed to a person other than the heir who has more support for the decedent. This is an equity of the actual payment, but the fact that more support needs to be proved is not enjoyed for granted.

Subrogation does not apply

some people think that they have been caring for the elderly for many years and can ask their former spouses to compensate for this part. Unless there is an express agreement between the parties, such claims lack a claim basis and are usually difficult to obtain support.

The Right Path for 6. Elderly to Sue Their Children

when the elderly do have difficulties in life, the correct relief object is their own children rather than former daughter-in-law or former son-in-law. If their children fail to perform their maintenance obligations, their parents who lack the ability to work or have difficulties in making a living shall have the right to require them to pay alimony. This path is clear and has a high success rate, and is much more effective than claiming it to an in-law who is already divorced. Ningbo area can first through the people's mediation organization mediation, mediation failed and then to the court, the cost is lower.

1. Alimony may be sued for claims.

The obligation to support is not exempted by the general economic situation of women, nor is it eliminated by the mutual prevarication of women. Children who can afford it may be included as defendants in the prosecution.

2. Don't leave a tail in the divorce agreement.

Some agreements will include provisions such as one party continuing to take care of the other's parents. Once such an agreement is written and the content is clear, it may be recognized as a valid contractual obligation, and the risk of default will be borne if it wants to stop in the future. Be sure to delete or specify the term and termination conditions before signing.

7. case proof

in terms of legal caliber, the in-laws relationship is terminated with the divorce, and the elderly claim alimony from the divorced former daughter-in-law and former son-in-law on the grounds of years of care, because the maintenance obligation is based on the status of a specific relative, such claims are usually difficult to obtain support.

According to Article 1,129 of the Civil Code, a widowed daughter-in-law who has fulfilled the primary duty of supporting her parents-in-law or her widowed son-in-law shall be the first-order heir-this exception is premised on widowhood, and divorce does not apply.

If the divorce agreement expressly stipulates that one party shall arrange the care or payment of the former parents-in-law and the former in-laws and does not set a time limit, the agreement shall be valid between the two parties, and the unilateral cessation may constitute a breach of contract and shall be paid according to the contract.

8. Risk Alert

• apply the widowhood exception to the case of divorce.
• Feel free to promise long-term benefits in the divorce settlement.
• The misconception that years of care create a legal obligation.
• Voluntary payment without agreed terms and conditions.
• There is no evidence of more support for the claim of a share of the estate.

9. FAQ

do you still have to support your ex-parents-in-law after divorce?

No need. With the termination of the in-laws relationship with the divorce, the maintenance obligation is eliminated.

Is daughter-in-law and son-in-law a legal supporter?

It's not. The legal maintenance obligor is the children and, under certain conditions, the grandchildren.

What are the special rules for widowed daughters-in-law?

The widowed daughter-in-law and son-in-law who have fulfilled their primary support obligations are the first order heirs.

Can you go back on your word by giving money voluntarily after divorce?

It can be stopped at any time, unless otherwise expressly agreed in the divorce agreement.

Can years of care be compensated?

Unless there is a clear agreement, the lack of a claim basis is often difficult to obtain support.

To whom should the elderly claim support?

Should be claimed to their children, children who do not perform can sue for alimony.

Practical Experience of 10. Lawyers

after divorce, whether to continue to support each other's parents, the legal answer is very simple: the marriage is dissolved, the in-law relationship is terminated, and the former son-in-law, former daughter-in-law and each other's parents no longer have legal kinship status, and they no longer bear the obligations based on that status. In fact, even if the marriage is still in place, the daughter-in-law and son-in-law are not legal maintenance obligors. The care on weekdays is a moral contribution, not a burden imposed by law. The line of identity should be sorted out first, and the question of whether to raise or not after divorce will basically be answered.

There is an exception that is often confused here, and it is worth making it clear separately: a widowed daughter-in-law who has performed the main support obligation to her parents-in-law, and a widowed son-in-law to her parents-in-law, can be the first-order heir. Note that its premise is widowhood rather than divorce, and it also points to inheritance rights rather than maintenance obligations. The two cannot be confused. Divorced marriage does not apply this provision. In reality, some people have mixed up the situation of taking care of the elderly and widowhood all the time, and the conclusion is naturally biased. When encountering specific problems, the prerequisites should be checked one by one.

If the elderly really need the support of their children, the correct path is to claim to their children, rather than bringing in the divorced former daughter-in-law and former son-in-law. As a divorced party, if you still voluntarily give the other party's parents some care or financial help after the divorce, this is a personal choice. You should pay attention to clarify the nature of this payment, so as to avoid being regarded as obligatory evidence or being involved in new disputes in the future. Arrangements involving property and inheritance can also be explained in writing in advance to distinguish between voluntary and legal obligations, which not only preserves emotional ties, but also protects oneself.