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Do I Have to Support My Ex Wife after Divorce in China? - CFM 101 Series

Wed, 16 Feb 2022
Contributors: Meng Yu 余萌

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The answer is NO.

This post was first published in CJO Family, which is committed to providing consulting services China-based cross-border family matters services, including marriage and succession.

You don’t have to support your ex-wife after divorce in China. In case of divorce by litigation, Chinese courts will not award “alimony” or spousal support to your ex-wife.

The answer is NO. There is no spousal support or Alimony in China.

According to Spousal Support (Alimony) Basics on Findlaw.com, when a married couple gets a divorce, the court may award “alimony” or spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court itself. This is separate from the division of marital property and is decided on a case-by-case basis.

There is no such spousal support in China.

But in China, the wife may get more than 50% of the marital property in some cases (also referred to as ‘unequal division of marital property’). The wife is also more likely to get custody of the child, which makes the ex-husband has to pay for the child support.

1. Unequal division of marital property

In case of divorce, the joint property of the husband and wife shall be divided according to the agreement.

If the two parties cannot reach an agreement, the court decides how to divide the marital property.

As a general principle, the marital property will be divided equally between the spouses.

However, the court may, subject to its discretion, allocate a slightly larger proportion of the property to, among others, the party who raised children after divorce, and the party who was not at fault for the divorce.

In most cases where this principle is applied, the wife was granted more than 50% of the marital property.

2. Child support

After divorce, if a parent has physical custody of his child, the other parent shall pay for the child support in part or in whole.

The amount and duration of such payment shall be determined by parents through agreement. If no such agreement is reached, the court can decide the amount and duration in a judgment.

If the parent should pay for the child support, then the support paid each month should generally not exceed 20-30% of his monthly income. If he/she has to pay for two or more children’s support, the proportion can be increased appropriately, but generally, it should not exceed 50% of his/her total monthly income.

 

The Cross-border Family Matters 101 Series (‘CFM 101 Series’) provides an introduction to China-related cross-border family matters (marriage and succession), and covers the knowledge essential to cross-border family matter management.

 

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Do you need support in Cross-Border Family Matters (Marriage and Succession)?

CJO Family's team can provide you with China-based consulting service, including case assessment and management, background check, and debt collection (‘Last Mile’ Service). If you encounter any problems in cross-border family matters, or if you wish to share your story, you can contact our Client Manager Julia Yuan (julia.yuan@chinajusticeobserver.com).

CJO Family is a product of China Justice Observer.

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If you wish to read more CJO Family articles on cross-border family matters, please click here.

 

 

Photo by 绵 绵 on Unsplash

Contributors: Meng Yu 余萌

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