In the event of the death of a traffic accident victim, the spouse has the right to claim the maintenance of the dependents under certain conditions. According to the relevant provisions of the Civil Code, husband and wife have the obligation to support each other. Paragraph 2 of Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that a dependent refers to a minor who shall bear the obligation of support in accordance with the law or an adult close relative who has lost the ability to work and has no other livelihood.
In judicial practice, there are different views on whether the victim's spouse has the right to claim the living expenses of the dependents. Some courts have held that if the victim's spouse has reached the statutory retirement age, he or she is considered incapacitated and that the spouse's claim for dependant maintenance should be upheld.
The living expenses of the dependants are calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. If the dependant is a minor, it shall be counted up to the age of 18;If the dependant is unable to work and has no other livelihood**, 20 years shall be counted, but if the dependant is over 60 years old, the age shall be reduced by one year for each additional year;Those over the age of 75 are counted as five years.
The handling of specific cases may vary depending on the region, application of law, evidence and other factors, and it is recommended to consult a professional lawyer for more accurate advice.