Handle Enlightenment The famous philosopher Kant once said: "Family relationship is based on marriage, and marriage is rooted in the natural complementarity or mutual connection between the two genders." Marriage has never been a matter of one person, but requires the joint efforts of both husband and wife and cooperate with each other to increase their satisfaction with marriage.
From the perspective of most marriage models in my country, it is generally "the man leads the outside and the woman leads the inside", but this does not mean that men can devote themselves to their careers and ignore their own family; accordingly, when women handle all matters and relationships at home, they also need to give men corresponding understanding and care, so that such a marriage can be beautiful.
Although this is the case, there are still some men who are macho. In their opinion, they make money outside to support their families. As housewives’ wives, they should assume the responsibility of maintaining family harmony. They should not only deal with trivial matters of life, but also take care of the daily life of the whole family.
If there is a breakdown between each other, they will even be unwilling to distribute the common property of the couple with the other party on the grounds that they have no source of income. Obviously, this thinking is not legally advisable.
After all, Article 1062 of the " Civil Code " has clear provisions on the common property of a husband and wife. All remuneration, income or other property that should belong to the joint property of a husband and wife during the marriage relationship is all the common property of a husband and wife. Even if one party has no work income, the income of the other party must still be included in the scope of the common property of the husband and wife, and both husband and wife have equal rights to deal with this part of the property.
But this is just based on the common property of the couple. At that time, someone may have doubts about this. Can the woman ask for compensation for housework during divorce? Although housework cannot create existing economic value, it is also extremely unfair to the woman after spending all year round. From one of the following cases, we can have a clearer understanding of the provisions of the Civil Code.
case sharing
Ms. Gao was a career-oriented strong woman before getting married. She not only had high education, but also had excellent abilities. In just a few years after graduation, she was appreciated by her boss and became the youngest department manager in the company. But such an excellent woman chose to retire because of her marriage and was willing to become a housewife.
House Cheng is the company boss. In order to allow Cheng to devote his energy to work better, after his son was born, Ms. Gao quit her job with great prospects, and her mother-in-law was also ill in bed. Since then, the life of a strong woman in the past was filled with all kinds of trivial matters in life, and she devoted herself to this family all year round.
Filled with food and thought about lust. As his career gradually improved, Cheng was not short of young and beautiful women. At first, out of guilt for his wife, Cheng could still point out his desires. After a long time, as his inner defense was gradually defeated, he finally chose to betray his marriage.
And after Ms. Gao discovered that her husband had cheated on multiple women in 2006, she only advised her husband's behavior for the sake of family and wanted him to return to the family. But when many persuasions failed and Cheng's behavior became even more arrogant, Ms. Gao had to file for divorce.
Cheng had no objection to the divorce, but when Ms. Gao proposed to pay her housework compensation for many years, she had an objection, "I am the division of labor between the male protagonist and the female protagonist. Why should she ask for housework compensation from herself?"
Based on the process of this case, the Civil Code stipulates: Can housework compensation be requested during divorce?
Publicize the law in the case
According to Article 1088 of the Civil Code, if one spouse bears more obligations for raising children, caring for the elderly, and assisting the other spouse in work, he or she has the right to request compensation from the other party during divorce, and the other party shall provide compensation.
Although housewives' housework cannot bring intuitive economic income to a family, their role cannot be ignored. On the one hand, from the perspective of housework, it is not only responsible for the daily life of the family, but also deal with all the relationships. From an objective value, it is also a lot of expenses to convert equally according to the market prices of hiring nanny, month nanny, , etc. What's more, they take care of their relatives much more attentively than the relevant personnel they hire.
On the other hand, in order to assist the other party’s work, housewives sacrificed their time and did not participate in social work during this period. If they divorced, they would not be able to find a suitable job due to the lack of social work experience. They would not only be destroyed by reality, but also face great mental pressure. Based on this, Ms. Gao, who has a lot of obligations such as raising children, caring for the elderly and assisting the other party in the family, naturally has the right to request compensation for housework from Cheng when divorced.
If the two parties fail to reach a compensation agreement for housework, they can appeal to the court and the people's court will make a judgment. However, when the court judges the amount of compensation for housework, there are also certain standards, and this is mainly based on the length of the relationship between the husband and wife and the income of one party.
In addition, Due to this divorce dispute case, Cheng had a major fault in cheating in his marriage. In addition, the principle of taking care of the rights and interests of the woman and the non-fault party, Cheng was finally sentenced to compensate Ms. Gao for 150,000 yuan. and this has also proved that you can compensate for housework in person during divorce.
Conclusion
No matter what, when facing marriage, no matter men or women, you must not give up your career. After all, only in this way can you ensure that you have the courage to go forward and the calmness to take a step back. In this way, you will not put yourself in a dilemma. After something happens, you can let go openly.
(Note: The Civil Code stipulates: Can compensation for housework during divorce be requested?” The cases in the article are from news reports/judgment documents, the parties are pseudonyms, and the plot is slightly polished; all (parts) are online pictures and have nothing to do with the case; original articles, please do not reprint and plagiarize)
