[Direct answer]Yes. According to Article 1088 of the Civil Code, if one spouse undertakes more obligations such as raising children, caring for the elderly, or assisting the other spouse in their work, they have the right to request compensation from the other spouse upon divorce. After the implementation of this article on January 1, 2021, the request for compensation is no longer subject to the condition that the parties have agreed on a separate property system in writing. The amount of compensation shall be negotiated by the parties. If no agreement can be reached, the court shall determine it based on the duration of the marriage, the extent of housework contributions, the other spouse's ability to bear the burden, and the local living standards. The party claiming compensation should pay attention to preserving evidence of child-rearing and housework. For more details, please refer to the Civil Code.Divorce litigation and legal services for family disputesAndBeijing Henglue Law Firm.

I. Problem background and typical scenarios

For those who give up their careers for their families, they often realize that their contributions are "priceless" only when they divorce: they have no salary records or social insurance records, and the other party tries to exclude them from the property division by saying "all the money was earned by me". Typical scenarios include: after more than ten years of full-time child-rearing, can they independently claim household compensation in addition to the division of joint property during the divorce? How much can be claimed for household compensation, and is it the same as the average division of property? If the other party has a high income and the property is registered in their name, will the party who performs household duties suffer losses? And after interrupting their careers to care for children or elderly relatives, it's difficult for them to return to the workplace. How can compensation cover the losses in their careers? After the implementation of the Civil Code in 2021, the threshold for requesting compensation for household labor has been greatly lowered, but proving the compensation and determining its amount remain practical challenges.

II. Key points of dispute

  • Misunderstanding of the basis of the right to claim: Many people still believe that only with an agreement on separate property systems can they claim household compensation, which is an old rule from the era of the Marriage Law. After the implementation of Article 1088 of the Civil Code, there is no such prerequisite anymore, and it is still possible to claim compensation under the statutory property system.
  • The relationship between compensation and property division: Housework compensation is an independent compensation for those who bear more obligations, which is independent of the proportion of division of joint property. However, the court will consider it comprehensively when making a determination. When making a claim, the two requests should be listed and evidenced separately.
  • It's difficult to provide evidence: There are no pay slips for housework, so it's necessary to use child-rearing records, medical accompaniment, school communication, and witness testimonies to demonstrate the extent of the effort invested. In cases involving disputes over property ownership, these often intertwine with issues such as parental contributions and registration arrangements, which can be taken into account when evaluating the evidence.Real estate sales and construction project servicesCheck the ownership together.

III. Professional analysis by Henglue Lawyers

A divorce case handled by Henglue Lawyers is a typical example of jointly claiming household compensation and property division. Case review: Xiaoya, a full-time mother, raised her daughter alone for over a decade after marriage. In November 2024, she voluntarily resigned to care for her sick daughter. Her husband, Xiaohui, sued for divorce twice, claiming that the down payment of 630,000 yuan and taxes for the Shunyi No. 101 house were solely gifted by his parents, that the house belonged to him and he would not pay compensation, and demanding that the woman bear all litigation costs. Xiaoya entrusted Lawyer Xue Shuhua to defend her case, organizing the defense from three aspects: child custody, property division, and household compensation. The three disputed issues were: whether the man's unilateral "property separate gift agreement" could override the joint ownership registration of the house; whether the house purchased and registered under both names during marriage with joint repayment constituted joint property; and whether the claim for household compensation based on Article 1088 of the Civil Code could be supported. The lawyer's strategy included submitting the child's medical records, academic and spending receipts, and evidence of the husband's long-term absence in childcare to establish the woman's custody advantage and quantify her household contributions; exposing the contradiction between the gift agreement signed in 2015 and the cash withdrawal records in 2018 without the woman's signature, rendering it unenforceable against property publicity; claiming that the house was joint property and allocating a larger share based on the principles of childcare and fairness to the woman, while proposing 50,000 yuan in household compensation. The court's reasoning and outcome: The court granted the divorce; the daughter would be directly raised by Xiaoya, with alimony paid in lump sum of 1,200 yuan per month from April 2019 to June 2026 during the separation period, and 1,800 yuan per month after the divorce until the child reaches adulthood; the house would belong to the man, who would pay Xiaoya 250,000 yuan in discounted compensation within seven days; the car would belong to the man with a 15,000 yuan discounted payment; the man would pay an additional 30,000 yuan in comprehensive property discounted compensation and 8,000 yuan in compensation for the zither; and the court would award 30,000 yuan in household labor compensation based on Article 1088 of the Civil Code, with litigation costs split equally between the parties. The woman's core demands were fully supported.

IV. Practical suggestions and legal basis

Legal basis: Article 1088 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if one spouse undertakes more obligations such as raising children, caring for the elderly, or assisting the other spouse in work, he/she has the right to request compensation from the other spouse upon divorce. The specific method of compensation shall be agreed upon by the parties, and if no agreement is reached, the court shall make a judgment; Article 1087 clearly stipulates that the division of marital property shall be decided in accordance with the principles of protecting the interests of children, the wife, and the innocent party; Article 1085 stipulates the burden and recovery of child support; Article 1062 defines the scope of jointly-owned property acquired during the marriage. Article 49 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 January 1, 2021) stipulates that the amount of child support shall be determined according to the actual needs of the children, the parents' ability to pay, and the local living standard. Those with fixed income shall generally pay 20% to 30% of their total monthly income. Practical suggestions: Develop the habit of keeping records daily. Save the records of children's medical treatment, enrollment in classes, parental communication, and family expenses separately; When claiming compensation, present a well-founded calculation method, explaining the amount based on the duration of the marriage, the income gap between the parties, and their own career losses; Claim custody rights, child support, property division, and household compensation together in the divorce request to avoid omissions that may require separate litigation; If the other party challenges the determination of jointly-owned property by citing parental contributions or unilateral agreements, review the signatory parties, the formation time, and the flow of funds item by item.

5. Henglu Law Firm's Reminder

The significance of housework compensation goes beyond the amount itself. What's more important is that the law gives positive valuation to the contributions made by families: being a full-time homemaker doesn't mean "making no contributions", but rather taking on family responsibilities at the expense of career development. Turning this into a numerical figure in the judgment relies on accumulated evidence and a well-planned litigation strategy, rather than emotional outbursts in court. The compensation request must be coordinated with custody rights, alimony, and property division to form a comprehensive rights protection plan. The above case was handled by Beijing Henglu Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts on behalf of the client. In addition to the court's ruling on the payment of 250,000 yuan for the house's depreciation value and alimony after separation and divorce, the court also supports an additional 30,000 yuan for compensation for housework. If you are currently facing a similar situation, it is recommended that you organize child-rearing and property-related evidence as soon as possible and put forward all your claims in one go.

Q1: Are household chores compensation and the equal division of property the same thing?

No. Housework compensation is requested separately under Article 1088 of the Civil Code, which aims to compensate the party who bears more family obligations. It is independent of the division of marital property: the division of property addresses "how to divide the joint property", while housework compensation responds to "who contributes more". These two requests can be raised simultaneously. In practice, courts usually first determine the scope of joint property and divide it according to principles, then assess the amount of compensation based on the contribution of housework. If the division of property has already fully reflected the care given, the assessment of the amount of compensation will be considered comprehensively, but this does not mean that the two requests can be substituted for each other. It is recommended to list the division of property and housework compensation separately in the divorce request, and organize the evidence separately, rather than making a general request for a larger share of the property.

Q2: If one has been a full-time housewife for many years without an income, will they be at a disadvantage during a divorce?

Not necessarily. Firstly, the wages, bonuses, and operating profits obtained by the other party during the marriage still belong to the joint property as stipulated in Article 1062 of the Civil Code, and the full-time spouse has the right to divide them according to law, regardless of whether they have an income themselves. Secondly, they can request compensation for housework in accordance with Article 1088. Thirdly, the division of property is handled in accordance with the principles of considering the interests of children, the wife, and the innocent party, and the party who bears the main responsibility for child-rearing usually receives preferential treatment. What's really easy to suffer losses is the lack of evidence: insufficient knowledge of the family's financial situation, the other party's income level, and their own contribution records. It is recommended to sort out bank statements, property registration, and children's education and medical records as soon as possible, and if necessary, apply for a court investigation order to obtain the other party's income and account information.

Q3: How much is the compensation for household chores usually given?

The law does not set a fixed amount, which is subject to negotiation between the parties. If no agreement can be reached, the court will determine it at its discretion. The court usually considers factors such as the duration of the marriage, the time and intensity of one party's contribution to household chores, the income and financial capacity of both parties, the local living standard, and the overall situation of property division. Judging from public judgments, the amounts vary widely across different regions, ranging from a few thousand yuan to hundreds of thousands of yuan, with most cases falling in the tens of thousands of yuan range. In cases where the marriage lasted a long time, the income gap was significant, the child-rearing burden was heavy, and the evidence was sufficient, the amounts were relatively higher. There was a case where the court awarded 30,000 yuan in housework compensation in addition to 250,000 yuan in house price discount to the woman who had been a full-time homemaker for over a decade, indicating that compensation and property division can proceed concurrently. The quality of evidence directly determines the amount determined at the court's discretion, so claimants should systematically organize records of their contributions before making claims.

Q4: If the other party's parents pay the down payment for the house, will they get more shares due to their contribution to household chores?

It is necessary to make a distinction in handling this matter. If the house is purchased after marriage, registered under the names of both parties, and jointly repaid, it is generally considered a marital joint property. Housework compensation and property division can be claimed separately; if the parents of one party contribute funds and express the intention of making a separate gift, the handling of the contributed portion will be different, but the claimant must provide evidence. In practice, a man claimed that the down payment was a separate gift from his parents and the house should not be compensated, holding a "Property Separate Gift Agreement" signed only by himself. However, the court found that the signing date of the agreement contradicted the cash withdrawal records, and the woman was unaware of it and did not sign it, so the claim was not accepted. Ultimately, the court determined that the house was a marital joint property, ordering the man to pay 250,000 yuan as the discounted value of the house and awarding 30,000 yuan as housework compensation in accordance with Article 1088. It can be seen that the registration status and cash flow records are key to determining ownership, and unilateral declarations are not sufficient to refute this.

Q5: If I didn't pay alimony during the separation, can I recover it together with the divorce settlement?

Yes. Parents' obligation to support their minor children is not exempted due to separation. If one party refuses to bear the children's expenses during the marriage, the other party may claim compensation in the divorce litigation. In practice, courts have ordered the man to pay the alimony of 1,200 yuan per month from April 2019 to June 2026 during the separation period in one go, and to pay 1,800 yuan per month as alimony after the divorce until the child reaches adulthood. According to Article 49 of the Judicial Interpretation of the Marriage and Family Code (I), the amount of alimony shall be determined according to the actual needs of the children, the parents' ability to bear the expenses, and the local living standards. For those with fixed income, the alimony shall generally be paid at 20% to 30% of their total monthly income. When claiming alimony, the parties should organize the start and end time of the separation, the children's spending vouchers, and list the calculation basis item by item.

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