Mid last month a divorce case in Beijing became a legal milestone in China. A woman surnamed Wang received RMB 50,000 compensation for the household labor she did during their marriage. It was the first time a divorce case had a ruling like this and the compensation was different from the normal division of assets. This RMB 50,000 was paid to the woman specifically for the household labor during their marriage since she was responsible for most of the domestic work which included taking care of their children and maintain the house.
The case sparked discussion online regarding the amount paid and also the aspect of gender inequality. To put it into perspective, a full-time live-in ayi in Beijing costs (on average) RMB 7,500 per month. The reports didn’t specify how long the couple was married, but essentially she was awarded what amounts to six-and-half months of a Beijing ayi’s salary.
But last year brought about a possible new reality for parents – e-learning. If Wang, a housewife, had been responsible for the domestic work in the house as well as care for their children and conducting e-learning, then shouldn’t her compensation be that of a teacher’s and not an ayi’s?
We contacted Steve Li, adoringly known as Lawyer Steve by the many expats whom he offers free legal advice to, on the matter. “This is a case that ruled based on the newly enforced Civil Code (Civil Code of the People’s Republic of China). This ruling, as a milestone case, was made according to Article 1088 of the Civil Code, which stipulates that “Where one spouse is burdened with additional duties for raising children, looking after the elderly, or assisting the other spouse in his/her work, the said spouse has the right to request for compensation upon divorce against the other party, and the other party shall make due compensation.”, Li tells us. So what does that mean? If one spouse gives up their job to take care of the family full time, then he/she should be compensated for their work.
Under the framework of the Civil Code, the final decision for the amount of compensation awarded to the stay-at-home spouse rests on the judge. The judge may take into account factors including:
- The time that both parties live together after marriage
- The at-home spouse’s specific contribution in housework
- The working spouse’s personal income
- Average local standard of living
Since the ruling of this particular divorce settlement last month, any divorce case going forward will need to take into account the domestic contributions of the stay-at-home spouse. According to Li’s understanding of the interpretation since this ruling, the more a stay-at-home spouse contributes to the family, the more they should be compensated in the divorce.
Steve Li practice covers International Trade, Maritime Affairs, Litigation and Arbitration, Real Estate, FDI, and more. To get in touch, call 152 0187 6913 or email:steve.li@sinoparlaw.com.
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