Although the basic structure of Chinese civil law is similar to those in Europe and the USA, it has many differences. For example, Chinese courts do not grant "alimony" or spousal support to your ex-spouse in divorce cases.
With the Civil Code, which entered into force on January 1, 2021, various changes were made to the terms and conditions of opening divorce cases, alimony, and child support. However, the basic approach to child support in China has not changed. In other words, divorced parties in China do not have to pay alimony other than child support.
In short, the parties must provide for their livelihood and cover the children's expenses in half. Therefore, at the end of a divorce case, only the parent who takes custody of the child can receive support for the child's care and school expenses.
How Does the Divorce Process Take Place in China?
In China, there are two ways to divorce. Couples can get divorced by agreement, or they choose to divorce by litigation. For uncontested divorce proceedings, the couple must mutually agree to sign the divorce petition and submit it to the Chinese Civil Administration Department.
For divorce by a court, the court must first accept the grounds. However, the acceptance requirements for spouses' divorce claims are more flexible in China. For example, in China, even if you were married yesterday, you can get a divorce the next day, provided a reason is acceptable to the court.
There Is No Spousal Support in China
Alimony requires periodic payments from one spouse to the other when a married couple divorces, either by court order or by mutual agreement. Alimony differs from sharing the spouses' property, property, or material assets as a result of marriage. However, according to Chinese law, men and women are equal. Both are considered to have equal rights to earn their living by working. So there is no alimony or spousal support under Chinese law.
In China, however, one spouse may receive more than 50% of marital property in some cases ("unequal sharing of marital property"). For example, the person who takes custody of the child, for example, the mother, can receive child support, and more than half of the financial savings can be legally given to the child in order to cover the child's care expenses and not to disturb the child's home order.
In China, the issue will be the division of marital property between the parties. The husband is not obligated to pay alimony to his wife or the wife to her husband. Child support can only be started at the stage of divorce for the custody and care of children.
Child Support in Divorce Cases in China
According to Chinese civil law, the parent who takes custody of the child is obliged to bear all the child's expenses. However, through a consensual divorce, one parent can agree to pay child support to the other for the child's expenses. Suppose the parties cannot agree on custody and child support issues. In that case, the court may order the parent to pay child support to the other party for the children.
Typically:
1- There is a compulsory mediation system in divorce cases.
2- Parties can make a consensus divorce.
3- Alimony is not paid to the woman.
4- Childcare, school, and upbringing expenses are paid jointly.
Please contact us (inquiries@chinalawsolutions.com) to get in touch with an experienced advisor who can assist with divorce matters in China. All inquiries are treated as confidential.