Does China Have Spousal Support?
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.
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 (email@example.com). If you want to know more about CJO Family, please click here. If you want to know more about CJO Family cross-border family matters service, please click here. If you wish to read more CJO Family articles on cross-border family matters, please click here.
- Does China Have Alimony?The answer is NO. There is no alimony in China.
- What Is Community Property Law in China?￼There is no community property law in China. But you can find the relevant articles in “China’s Civil Code of China: Book V Marriage and Family”.
- Do I Have to Support My Ex Wife after Divorce in China?￼The answer is NO. You don’t have to support your ex-wife after divorce in China.
- Can I Divorce My Wife if She Lives in China and I Live in Another Country?You can file for divorce with either a court in your country or a Chinese court.
- Does China Have Spousal Support?The answer is NO. There is no spousal support or Alimony in China.
- What Do You Do With the House in a Divorce in China?If you and your spouse need to divide a house at divorce, there are three ways: (1) one party gets the house and the other gets cash; (2) both parties get cash; (3) the two parties share the house on a pro rata basis.
- 4 Tips on How Is Property Divided in a Divorce in ChinaThe husband and wife may negotiate to determine the property division plan. If there is no property division agreement, the personal property remains the property of that spouse alone and the marital property may be split 50/50 between the couple.
- How Do Foreigners Get a Divorce in China?There are three ways for foreigners to get a divorce in China: divorce registration by agreement, filing a divorce lawsuit, and the recognition of foreign divorce judgment in China.
- What Is Separate Property in Divorce in China?If a property is the separate property of one spouse, then in the event of a divorce, it remains the property of that spouse alone and will not be divided or acquired by the other spouse.
- What’s Considered Marital Property in Divorce in China?If a property is marital property, it will be divided equally between the spouses on a 50/50 basis in the event of a divorce.