[Direct answer]No. The divorce damages compensation situations listed in the Civil Code are limited to bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, and other major faults as a catch-all provision; simple flirtatious chatting, emotional attachment, and online romances that have not developed into sustained and stable cohabitation are generally not considered cohabitation with others. According to Article 1091 of the Civil Code of the People's Republic of China (effective from January 1, 2021), the non-at-fault party has the right to request damages. Emotional infidelity is usually difficult to directly support this request, but it still plays a role in the determination of the breakdown of the relationship, the judgment of custody rights, and the discretionary consideration of property division.

I. Problem background and typical scenarios

The forms of infidelity that are now brought to the counseling room are much more complex than they were ten years ago: Some people talk to their regular partners until midnight every night, transfer money, send gifts, and call each other by nicknames, but they have never met in person; some people have been tipping live streamers for a long time and forming marital relationships in games; some people use encrypted software to communicate, and the chat records can be withdrawn with a single click; and some people admit that they have long since lost feelings for their families, but deny any physical relationship.

There is also a type of dispute arising from the sense of boundaries. One party believes that it's going too far for a spouse to chat with a colleague every day, while the other insists that it's just work communication. One party views the gifts given to the streamer as betrayal, while the other believes that it's just entertainment consumption. Such disagreements cannot be resolved by moral persuasion, but can only be judged based on evidence and legal requirements.

In such cases, the parties' demands are often not about dividing more or less money, but about identifying the other party as the at-fault party. This expectation needs to be adjusted: the law evaluates the type of behavior and the strength of the evidence, not moral feelings. When adjudicating such disputes, Beijing courts usually first examine whether there is a continuous and stable extramarital cohabitation, and then whether there are other manifestations of major faults. It's difficult to meet the standard of proof solely with ambiguous statements.

Judging from the consultation situation, the most important thing to clarify in advance is the boundary of privacy. One spouse often takes it for granted to check the other's phone, but legally, it may constitute an infringement of personal information and communication secrets. Once the means of evidence collection cross the line, not only may the materials be excluded, but also the spouse may be counter-sued. To obtain useful evidence, it is usually necessary to follow legal channels: devices and accounts that one has the right to access, public information, and records obtained by a court-issued investigation order.

II. Key points of dispute

First, the definition of cohabitation. Judicial practice requires that unmarried couples live together continuously and stably. Occasional extramarital affairs, short-term relationships, or online love affairs across different cities do not meet this requirement. Second, the scope of application of other major faults. This blanket provision gives courts discretionary power. Situations such as having an illegitimate child, maintaining a long-term improper relationship with others and publicly living together as a married couple are more likely to be included. Third, the effectiveness of the loyalty agreement. Clauses stipulating penalties such as breach of contract or property punishment have received mixed rulings in practice. If the amount is too high, it is usually reduced.

Fourth, there is a conflict between the way of obtaining evidence and the right to privacy. Whether the materials obtained by a spouse, such as looking through the other spouse's phone, restoring chat records, and installing recording devices in the car, can be admitted as evidence depends on the place where the materials were obtained, the methods used, and the necessity of obtaining them. Invading others' residences and illegally obtaining communication content may constitute infringement or even violate criminal law. Fifth, the amount of damages is usually between a few thousand yuan and tens of thousands of yuan in practice, which is significantly different from what the parties expect when they are required to leave the marriage with nothing. Sixth, the timing of submitting the request. If the innocent party acts as the plaintiff, they should submit the request together with the divorce litigation.

The seventh is the allocation of the burden of proof. The party claiming fault shall bear the burden of proof, and the court generally does not actively retrieve chat records; to apply for an investigation order to retrieve transfer, consumption, and accommodation information, it is necessary to first provide specific clues, such as the account number, the time of consumption, and the name of the merchant. A general application is likely to be rejected. The eighth is the quantification of the damage consequences. The amount of compensation is usually based on the degree of fault, the duration, the impact on the family, and the local living standard. Claims lacking quantitative basis are difficult to gain support.

III. Professional analysis by Hengluo Lawyers

Judging from the cases handled by our firm, the evidentiary value of emotional infidelity mainly lies in two aspects. Firstly, it serves as supplementary evidence of marital breakdown. Long-term, frequent, and clandestine emotional involvement outside the marriage can demonstrate that the emotional bond between the couple has already broken down, which, when combined with the fact of separation, is more convincing than simply stating that there is no longer any affection between them. Secondly, it serves as a discretionary factor in child custody and property division. If it can be proven that one party has used a large amount of family assets for extramarital consumption, such as making large-scale donations, frequent transfers, or paying the other party's rent, the court may give appropriate favor to the other party during the division of assets.

It's worth noting that putting all your energy into proving the other party's emotional infidelity often has a very low cost-effectiveness. If the same batch of evidence can simultaneously point to the flow of assets, its value will be multiplied: transfer records not only indicate an abnormal relationship, but also show that the joint assets have been improperly disposed of; consumption receipts not only reflect emotional investment, but also can serve as a basis for claiming compensation. Conversely, if you only get ambiguous screenshots without any evidence of financial transactions, even if the court finds fault, the amount of compensation may be far lower than the cost of litigation.

There is also a practical problem: the marginal utility of evidence decreases. The first few pieces of evidence are enough for the judge to form a preliminary judgment, but the dozens of screenshots that follow are often just repetitive. It's usually more beneficial to spend limited time on investigating property clues. Similarly, the design of litigation requests should also be focused. Relying on listing multiple requests may not help the judge grasp the key points.

IV. Practical suggestions and legal basis

In terms of legal basis, Article 1043 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that spouses shall be faithful, respectful, and caring towards each other; Article 1091 specifies five types of circumstances in which damages may be claimed; Article 1087 stipulates that in dividing jointly owned property, the interests of children, women, and the innocent party shall be taken into account; Article 1092 stipulates the consequences of concealing or transferring jointly owned property, such as receiving a smaller share or no share at all. Requests for damages must be raised together with divorce litigation, and separate lawsuits are generally not accepted.

There are three reliable approaches to gathering evidence. Firstly, secure materials to which you have access, such as transaction records of joint accounts, records from shared household devices, and content posted on public social platforms. Retain the original carriers and have them notarized. Secondly, obtain objective evidence through legal channels. For example, hotel and rental consumption records can be retrieved by the court upon request, rather than purchasing them yourself. Thirdly, organize scattered materials into a timeline, labeling dates, amounts, recipients, and sources to avoid being unable to explain them in court. If considering signing a loyalty agreement, the clauses should be specific to types of behavior and consequences, avoiding general statements such as "if you commit another offense, you will be evicted with nothing". The evidentiary rules and litigation process for marital and family cases can be found atDivorce litigation and family dispute resolution servicesPage retrieval.

If the other party continuously gives gifts or frequently transfers money to specific individuals, you can argue that such expenses do not belong to the daily needs of the family and demand their return or compensation in the form of a discount; for small amounts of money accumulated over a long period of time, you should prepare a summary table and attach detailed records to avoid being regarded as occasional consumption. For large-scale gifts, you can also examine whether the recipient acted in good faith and whether they paid consideration, and based on this, claim the scope of the return. All claims should be based on the original transaction records of banks or payment platforms. Self-made forms can only be used as indexes.

5. Henglu Law Firm's Reminder

There are three judgments that need to be carefully considered. Emotional infidelity usually does not constitute a legal fault, so don't treat it as a surefire winning argument. Evidence obtained by peeking at someone's phone or installing GPS tracking devices is likely to be questioned for its legality in court and may even lead to a counterclaim. Relying on making the other party's reputation tarnished often prolongs the legal battle and increases costs.

A more practical approach is to first determine whether there's still a possibility of repairing the marriage, then assess the arrangements for property and children, and finally decide whether to file a lawsuit. If it's decided to file a lawsuit, prepare in parallel for the breakdown of the relationship and the flow of property; if it's decided to divorce by agreement, turn the facts of the fault into negotiating chips and incorporate them into the offsetting plan for property distribution, which is more practical than arguing about whether there's a fault in court.

Emotional management also affects the outcome. Repeatedly raising the other party's moral issues in court can easily cause the trial to deviate from the essential facts; compressing the statements to the three elements of time, amount, and behavior will instead carry more weight. For parts that cannot be proven, it is wiser to give up early than to force evidence, to avoid affecting the judge's trust in other facts due to insufficient evidence.

VI. Frequently Asked Questions

Q1: If someone frequently engages in flirtatious chats with the opposite sex, will the court consider this as cohabitation?

Generally, this is not the case. To determine cohabitation with others, three elements are required: extramarital opposite sex, continuous and stable cohabitation, and living together. Frequent chatting, affectionate nicknames, and gift-giving cannot substitute for the fact of cohabitation. The court usually requires evidence of a common residence, such as a rental contract, property registration, neighbor's testimony, and records of entering and leaving together for multiple consecutive days. Ambiguous content can at most be used as auxiliary materials for proving the breakdown of the relationship. If there are also large-sum transfers or payments of rent or living expenses for the other party, it may be possible to claim that the common property has been improperly disposed of. Although the approach is different, it is easier to achieve this goal.

Q2: If you allege that the other party has been emotionally unfaithful, what chat records and transfer receipts do you need to provide as evidence?

The two types of materials are most effective when used together. For chat-related materials, it's necessary to retain the original carrier and display the identities of the chat participants, the complete time and content, and, if necessary, have them notarized. For transfer-related materials, it's important to provide the complete transaction records from banks or payment platforms, indicating the recipient, amount, frequency, and notes. Large-scale or recurring payments can further demonstrate abnormal relationships. If you can obtain records of joint consumption, such as flight tickets, hotels, and gift orders, the evidence will be even more convincing. The method of obtaining such evidence must be legal. For example, taking screenshots of the other party's phone or purchasing hotel check-in records may be inadmissible. When submitting the evidence, please number them in chronological order and correspond them one by one with the facts to be verified.

Q3: How are the litigation fees and attorney's fees calculated when claiming compensation on the grounds of fault?

The litigation fees are paid according to the divorce case. For the portion involving property division with a total amount exceeding 200,000 yuan, the fee is charged at 0.5%. If the claim for damages is raised separately from the divorce litigation, there is usually no additional charge. The attorney's fees are borne by the client. In Beijing, the common range for divorce cases is 10,000 to 50,000 yuan, and the fees for property-related matters are charged proportionally. It should be noted that even if the court finds that the other party has legal fault, the amount of compensation awarded in the judgment is usually between a few thousand yuan and tens of thousands of yuan, which is often lower than the attorney's fees.

Q4: When should a request for damages in a divorce case be submitted together with the other claims?

In principle, this claim must be raised in divorce proceedings. If the innocent party acts as the plaintiff, he or she shall list the request in the lawsuit; if the innocent party acts as the defendant and does not agree to the divorce, he or she may raise the claim in the present case or file a separate lawsuit within one year after the divorce. According to Article 1091 of the Civil Code of the People's Republic of China (effective as of January 1, 2021), this provision only applies to the following five circumstances: bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, and other major faults. If the parties expressly waive this claim in the divorce agreement, it will generally not be supported afterwards.

Q5: If you get the other party's ambiguous chat records, should you first get them notarized or negotiate the terms first?

First, secure the evidence and then discuss the matter. Electronic data is easily deleted or tampered with, and notarization or trusted timestamps can be completed within a few hours, with costs typically ranging from a few hundred yuan to one or two thousand yuan. It's always better to take precautions early. The scope of securing evidence includes chat pages, transfer records, call logs, and related orders. During the process, the notary will record the device information and the extraction process. After securing the evidence, decide on a strategy: if the other party values their reputation or career, the evidence can be used as a bargaining chip to obtain property concessions; if the other party refuses to communicate, the evidence can be included in the litigation. It's crucial not to spread the records to the other party's workplace, as this may constitute an infringement of their reputation.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as 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 publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.