Marriage and family are protected by the state. Families shall establish a good family style, carry forward family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful, respectful and caring for each otherFamily members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.
Netizen consultation:
Do husbands and wives have an obligation to support each other?
Lawyer answers:
A husband and wife, from the moment they get married, the law gives them their respective rights and obligations. The law stipulates that husbands and wives have an obligation to support each other.
The main types of circumstances of inter-husband and wife support are as follows:
1. When one party loses the ability to work, the other party shall support and take care of his life.
2. When one party is sick, the other party shall take care of it or send it to the hospital** and bear the corresponding medical and nursing expenses.
3. When one party is a person with no or limited capacity for civil conduct, the other party has the right and obligation to serve as a legal guardian.
4. When one party has no fixed income and no other living expenses, the other party shall give the necessary living expenses.
Lawyer adds:
There are preconditions for the obligation of maintenance between husband and wife. First, one of the spouses needs to be supported. Need for support refers to the temporary or long-term loss of a party's employment or earning ability, resulting in the absence of livelihood** or independent living ability, or the inability to maintain a normal standard of living due to illness, old age and other reasons. The second is that the other party has the ability to support. Therefore, when one spouse needs maintenance and requests maintenance from the other party, the court can only support it if the other spouse is able to do so. If the other party is also penniless and cannot even satisfy his own basic livelihood, then the law cannot force him to support others.
Legal basis] Civil Code of the People's Republic of China
Article 1059:Husbands and wives have the obligation to support each other.
The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.
Article 1060:Civil juristic acts carried out by one of the husband and wife for the needs of the family's daily life are effective for both husband and wife, except where one of the husband and wife and the counterpart agree otherwise.
Restrictions between husband and wife on the scope of civil juristic acts that one party may carry out must not be used against bona fide counterparts.
Lawyer Fang Fang's profile
Graduated from Southwest University of Political Science and Law, majoring in law. He has worked in the legal department of a large real estate development company for many years, has rich practical experience in real estate business, and is now the legal counsel of many enterprises. He has worked in Guiyang Intermediate People's Court and Guiyang Huaxi District Procuratorate, and has practiced for many years, with more than 100 litigation cases.