[Direct answer]In the Beijing area, the three types of assets typically belong to the couple's joint property and should be divided upon divorce, but the calculation methods vary. According to Article 1062 of the Civil Code of the People's Republic of China, wages, bonuses, production and operation income, investment income, etc. obtained during the marriage shall belong to the couple jointly. The cash value of the insurance policy paid with the couple's joint property is generally divided as joint property or compensated by one party to the other; the investment principal and income of financial products, funds, and deposits purchased during the marriage belong to joint property; and the housing provident fund and enterprise annuity actually obtained or to be obtained during the marriage belong to joint property. The portion paid before marriage and continued with personal property may belong to personal property. When dividing the assets, the parties' individual shares are usually first identified, and the joint portion is then handled according to the principles of equality or consideration.

I. Problem Background and Typical Scenarios

The couple's assets have long since gone beyond just deposits and real estate. Insurance policies, wealth management products, and housing provident funds often account for a significant proportion of family assets, and these assets are prone to being overlooked or disputed during divorce. Typical scenarios include: one party having accumulated a large cash value from a savings-type insurance policy they purchased for themselves; one party using joint income to purchase funds, structured deposits, or bank wealth management products; and one party's housing provident fund account having accumulated over the years but remaining unwithdrawn. When handling such assets, Beijing-based courts emphasize the "source" and "time point" of the funds—whether they originated before or after marriage, and whether the rights to the assets were acquired during the marriage—to determine whether they should be included in the division of marital assets.

II. Key points of contention

Firstly, the nature of the cash value of the insurance policy and the method of division—whether to withdraw the insurance premium and split the money or to retain the policy for compensation. Secondly, whether the insurance benefits of personal insurance (such as death and critical illness payments) belong to the estate or joint property. Thirdly, how to distinguish the interest income from the investment income of the financial products purchased before marriage. Fourthly, the withdrawal conditions and conversion methods of housing provident funds and enterprise annuities. Fifthly, the consequences of one party withdrawing the insurance policy, redeeming and transferring property without authorization. These issues are intertwined and directly affect the amount of the division.

III. Professional analysis by Henglue Law Firm

Based on Henglue Lawyer's practical experience in handling divorce property cases, insurance, financial management, and provident funds are usually dealt with according to three main principles. Firstly, the source of funds and the purchase time: premiums paid and products purchased with marital assets such as post-marital salaries and operating income belong to marital assets; those purchased with personal assets before marriage and continued to be paid with personal assets may still belong to personal assets, while the active investment and operating income belong to marital assets. Secondly, the form of rights and the division method: insurance policies are generally converted into cash value, and the party retaining the policy shall pay corresponding compensation to the other party, rather than withdrawing the policy entirely; financial management is determined by the market value or the principal plus returns; provident funds and enterprise annuities are converted according to the actual deposited portion during the marriage. Thirdly, disposition and evidence: if one party withdraws the policy, redeems it, or transfers it without the other party's consent, the other party may claim a smaller share or no share at all during the divorce and apply for property preservation. In practice, the court will require both parties to submit insurance policies, account statements, and deposit details. The party with clear accounts will have a more advantageous position in the division of assets.

IV. Practical suggestions and legal basis

Action List: 1. Sort out both parties' insurance policies, financial accounts, and housing provident fund payment records as soon as possible; 2. Distinguish between personal property acquired before marriage and joint investments made after marriage, and calculate them separately; 3. For those who wish to retain the insurance policies, negotiate a compensation plan based on the cash value; 4. If you discover that the other party has unilaterally surrendered or redeemed the insurance policies, promptly preserve the evidence and claim a reduced share; 5. For other assets involved, include them in the property list for unified handling. Legal basis: Articles 1062, 1063, and 1065 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); Articles 25 and 26 of the Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective from January 1, 2021). For matters related to the division of marital property in divorce cases, please refer to the relevant provisions.Divorce litigation and family disputesServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, don't just focus on deposits and real estate. Insurance policies, wealth management products, and provident funds are often "invisible assets". Second, there are various ways of dividing assets. Cancelling insurance policies may not be cost-effective, and compensating with cash is more common. Third, pre-marital assets and post-marital income need to be calculated separately, and providing evidence is crucial. Fourth, unauthorized disposal of jointly owned property may result in a reduced share, so don't cancel insurance policies on your own. Fifth, there are conditional restrictions on the withdrawal of provident funds, and division of assets is usually achieved through compensation with cash. Investments and financial products can be considered in this context.\nFinancial capital and cross-border transactions involving foreign entities.For reference, please refer to the section on corporate dividends and equity ownershipBusiness and contract disputes in enterprisesThe column involves the connection between inheritance and family property, which can be integrated into each other\nInheritance and division of family propertyFor services related to creditor's rights and debts, as well as enforcement matters, you can seek advice from usCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Does the insurance purchased by one party need to be divided in a divorce?

If the premiums are paid with the couple's jointly owned property, the cash value of the insurance policy is generally considered part of the jointly owned property for division; a common practice is for the party who retains the insurance policy to pay compensation to the other party based on the cash value. If the insurance is purchased with premarital personal property and the premiums continue to be paid with personal property, it may be considered personal property, which needs to be determined based on the source of the funds.

Q2: Is the insurance compensation paid by the insurance company considered joint property?

It is necessary to distinguish between insurance types and beneficiaries. Personal insurance benefits with personal exclusivity, such as the death insurance benefits designated to beneficiaries, are generally owned by the beneficiaries themselves and do not belong to joint property. However, the cash value accumulated from savings-type and investment-type insurance policies invested with joint property may be considered joint property.

Q3: Can the housing provident fund be divided in a divorce?

During the continuance of the marriage relationship, the housing provident fund actually obtained or should be obtained belongs to the scope of joint property. In practice, most of the time, the portion deposited during the marriage is converted into cash, and the party who obtains it shall give the other party corresponding compensation; the portion deposited before marriage generally belongs to personal property.

Q4: Who will own the profits from pre-marital financial management after marriage?

It depends on the nature of the income. Interest on deposits and other accrued income and natural appreciation generally remain personal property; income generated from active business activities such as stock and fund transactions conducted with pre-marital capital is considered marital joint property. The key to the distinction is whether there was any operational and management input after marriage.

Q5: What should I do if the other party secretly redeems and transfers the wealth management products?

You can apply for property preservation in a timely manner, freeze accounts and funds, and claim that the other party has transferred joint property and request a smaller share or no share in the divorce litigation. At the same time, you should keep the redemption records, transfer receipts, and account statements to prove the flow of funds and the amount involved.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.