Some women will focus most of their energy on their families after getting married, so they may quit their jobs and become full-time wives at home with peace of mind. But marriages are not all good, if the marriage suddenly changes, then give up your own life and give all your full-time wife for the family, should you get some compensation?
Netizen consultation:
In the event of a divorce, is the "stay-at-home wife" entitled to claim compensation?
Lawyer answers:
Divorced stay-at-home wives are compensated. During the marriage, one of the spouses who bears more responsibilities and fulfills more obligations for the family has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. If a stay-at-home wife loses her job due to taking care of her children, taking care of the house, etc., she can be considered to have paid more obligations, so she has the right to demand compensation from the other party in the event of divorce. The specific measures shall be agreed upon by both parties;If the agreement is not reached, the people's court shall make a judgment. In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
1. Bigamy;2. Cohabitation with others;
3. Committing domestic violence;
4. Abuse or abandonment of family members;
5. There are other major faults.
Debts incurred by both husband and wife as a joint signature or a subsequent recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the marriage in excess of the daily needs of the family are not joint debts of the husband and wife;However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
Lawyer adds:
Stay-at-home moms can get divorced:
1. If the husband and wife divorce by mutual agreement and both husband and wife divorce voluntarily, they shall reach a consensus on matters such as child support, joint property of the husband and wife, and debt disposal, and then go through the divorce procedures at the Civil Affairs Bureau in person;
2. Directly sue the people's court for divorce.
[Laws and Regulations].
Article 1088 of the Civil Code.
If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties;If the agreement is not reached, the people's court shall make a judgment.
Profile of lawyer Yang Fengguo
Lawyer Yang Fengguo is currently a partner lawyer of Hebei Dasheng Law Firm, and a special human rights lawyer of Baoding Lawyers Association and Baoding Consumers Association. Mr. Yang has been working as a lawyer for more than 10 years, and has also cultivated the character traits of integrity, pragmatism and rigor, diligence and honesty. Profound legal skills and rich practical experience have been fully exerted in the process of handling cases, and have received good results, providing the parties with relatively comprehensive and systematic legal services, and also winning the trust and praise of the parties. Mr. Yang's practice philosophy is: integrity, dedication, pragmatism and efficiency.