[Direct answer]When getting a divorce, the housing provident fund and basic pension actually obtained or should be obtained during the marriage are considered marital joint property and should be divided in accordance with Article 1062 of the Civil Code and Article 25 of the Judicial Interpretation (I) of the Marriage and Family Chapter. In practice, the provident fund balance and the pension already recorded are usually compensated or divided; the pension that has not yet been retired or actually obtained is considered a prospective right and is usually not directly dealt with in the divorce. It can be claimed separately after it is actually obtained. The division plan should be negotiated first, and if no agreement is reached, the court will make a judgment. For more details, please refer to the following link:Divorce litigation and legal services for family disputesAndBeijing Henglu Law Firm.

1. Problem background and typical scenarios

The provident fund and pension are the assets most easily overlooked and undervalued during the inventory of marital property after divorce: one party may have contributed to the provident fund for many years with a substantial account balance, while the other party never included it in the division list; the non-retired party may claim that the pension is "retirement money" and cannot be touched; the enterprise annuity and occupational annuity are deposited in the employer's account, and no one questions their ownership; some people even used the provident fund to repay the mortgage, but there are conflicting opinions on how to calculate the share. It is not until many years after the divorce that they realize the other party has been underreporting the assets, and the difficulty and cost of making up for the shortfall will increase significantly. Identifying and dealing with these "invisible deposits" during the divorce is the first step to protecting one's own rights and interests.

II. Key points of contention

  • Attribution of ownership: The portion of the provident fund and pension paid before marriage belongs to personal property, while the portion paid after marriage and the corresponding income belongs to joint property. The phrase "actually obtained or should have been obtained" marks the dividing line. The party claiming a division must provide evidence of the payment period and amount, and insufficient evidence often results in a reduction of the share.
  • Unobtained pensions: The right to claim has not yet been established before retirement, and the amount is uncertain. Generally, the court will not directly divide it in divorce litigation. It is required to claim it separately after actually obtaining it. If it is not mentioned in the divorce agreement, there are two obstacles of providing evidence and statute of limitations when making up for it afterwards.
  • Query and execution: The information of the provident fund and pension accounts is scattered, and it is necessary to apply for a court investigation order to verify it; for the payment obligations determined by the judgment or mediation, if the other party refuses to fulfill them, it can apply for forced execution, which can be combined with other legal measures.Creditor-debtor relations and enforcement case servicesEvaluate the path to implementation.

III. Professional analysis by Henglue Law Firm

In handling divorce property division cases, Henglue Law Firm's approach is to divide the provident fund according to the balance deposited during the marriage, and determine whether the pension has actually been obtained. At the same time, the firm designs the inventory of assets and the allocation of division ratios. In a typical case, Wang *sheng and Zhang *hua registered their marriage in 2006 and had a daughter (who has now reached adulthood) and a son (11 years old) during their marriage. They accumulated various assets including real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua first sued for divorce, but Wang *sheng tried to reconcile with her. In August of the same year, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage and thus entrusted Attorney Xiong Binrong of Beijing Henglue Law Firm to file a lawsuit again, proposing six claims including dissolution of the marriage, custody of the child with the plaintiff, payment of alimony by the defendant, division of 70% of the joint property, sharing of 524,782 yuan in joint debts, and payment of 50,000 yuan in damages. Zhang *hua verbally agreed to the divorce, but attached conditions such as custody of the child and division of 70% of the property, and accused Wang *sheng of transferring assets. The lawyer focused on four aspects: organizing the first court ruling against the divorce and the evidence of the affair to prove that the marriage had indeed broken down; arguing that the child's growth environment and ability to raise the child supported the child living with Wang *sheng, which was in line with the principle of the best interests of minors; adhering to the principle of protecting the innocent party in the Civil Code and pointing out that Zhang *hua violated the marital duty of fidelity and was the direct cause of the marriage breakdown, claiming that Wang *sheng, as the innocent party, should receive 70% of the joint property; and verifying the authenticity of the joint debts one by one. The court determined that Zhang *hua had an affair during their marriage after the first lawsuit was dismissed, and that the marriage had indeed broken down, granting the divorce; ordering the child to live with Wang *sheng, with Zhang *hua paying 550 yuan per month in alimony until the child reaches adulthood; determining that Zhang *hua's infidelity during the marriage constituted a major fault, supporting Wang *sheng's claim to 70% of the joint property, with the house, car, and truck divided in a 7:3 ratio, and the education fund and insurance belonging to the child; identifying the 35,000 yuan loan from Wang *sheng's parents as a joint debt, with Wang *sheng repaying it and Zhang *hua bearing half of the amount, 17,500 yuan; and rejecting the claim for damages on the grounds that the property division already reflected the fault liability. In another case, a foreign couple who married in 1991 and lived in Beijing for a long time divorced due to a marital breakdown. Unable to register the divorce at the civil affairs department, Henglue Law Firm confirmed that Chinese courts had jurisdiction over cases involving parties with habitual residence in Beijing. The firm sorted out the couple's real estate, savings, financial products, and pension memberships one by one, and the divorce was settled through court mediation, with each party retaining ownership of their own assets. The mediation agreement took effect immediately after signing and sealing. Families with cross-border asset arrangements can learn more about it. 恒略律师在处理离婚财产分割案件中的思路是：公积金按婚姻存续期间缴存余额分割，养老金看是否实际取得，同时把财产盘点与分割比例的倾斜设计在一起。一起典型案例中，王某生与张某华2006年登记结婚，婚后育有一女（已成年）、一子（11岁），积累了房产、车辆、机器设备、保险等多项财产。2025年4月，张某华先诉离婚，王某生挽留，同年8月，法院判决不准离婚；两个月后，王某生发现张某华婚内出轨，随即委托北京恒略律师事务所熊斌蓉律师再次起诉，提出解除婚姻、婚生子随其生活并由被告支付抚养费、分得70%共同财产、分担共同债务524782元、支付损害赔偿5000元等六项诉讼请求。张某华口头同意离婚，但附加孩子抚养权归她且分得70%财产等条件，并反指王某生转移财产。律师重点展开四方面：整理首次不准离婚判决与出轨证据，证明感情确已破裂；结合子女成长环境与抚养能力，主张孩子随王某生生活更符合未成年人最大利益原则；紧扣《民法典》照顾无过错方原则，指出张某华违反夫妻忠诚义务、系婚姻破裂的直接原因，主张王某生作为无过错方分得70%共同财产；逐项核查共同债务真实性。法院认定张某华婚内出轨，感情确已破裂，准予离婚；婚生子随王某生生活，张某华按月支付抚养费550元至成年；依据照顾子女、女方和无过错方权益原则，认定张某华婚内不忠属重大过错，支持王某生分得70%共同财产，房屋、轿车、货车按7:3分割，教育基金保险归孩子所有；认定向王某生父母借款35000元为共同债务，由王某生偿还、张某华承担一半17500元；因财产分割已体现过错责任，驳回损害赔偿请求。另案中，1991年结婚、长期在北京居住的一对外国籍夫妻因婚姻破裂离婚，因无法在民政部门办理离婚登记，恒略律师确认中国法院对经常居住地在北京的案件具有管辖权，逐项梳理双方名下房产、存款、理财产品、养老会籍等，经法院调解解除婚姻关系并确认各自名下财产归各自所有，调解协议自签名捺印后即发生法律效力。有跨境资产安排需求的家庭，可进一步了解。Foreign-related cross-border legal services.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1062 of the Civil Code (effective January 1, 2021) lists wages, bonuses, and labor remuneration earned during the marriage as marital joint property; Article 25 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) clarifies that housing subsidies, housing provident funds, basic pensions, and bankruptcy resettlement compensation obtained or to be obtained by both parties belong to joint property; Article 1087 stipulates that if no agreement can be reached, the court shall adjudicate in accordance with the principles of considering the interests of children, the wife, and the innocent party; Article 1092 provides that if one party conceals or transfers joint property, the court may award a smaller share or no share during the division. At the practical advice level: Before and after suing, apply for a court investigation order through a lawyer to inquire about the other party's housing provident fund deposit details and personal pension account information; when dividing the housing provident fund, first deduct the portion deposited before marriage, then calculate the compensation based on the balance after marriage; when claiming pension rights, pay attention to the timing and evidence of filing a separate lawsuit after actual acquisition; if discovering that the other party has concealed income, note the three-year statute of limitations and preserve evidence of the discovery time.

5. Henglue Law Firm's Reminder

The provident fund and pension are "invisible savings". If they are omitted from the divorce property list, it is equivalent to voluntarily giving up a share of the property. It is necessary to check them as soon as possible, clarify whether they belong to pre-marital or post-marital property, and whether they have actually been obtained. The solution should be implemented in enforceable payment terms. The above-mentioned cases of fault-based division of property and confirmation of foreign-related divorce property were all handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acted on behalf of the former party, securing a 70% share of the jointly owned property and obtaining custody rights. The latter, through mediation, solidified the ownership of both domestic and overseas assets. If you are facing similar disputes, it is recommended that you consult with us as soon as possible, bringing along payment and property-related materials, to avoid missing the window period for fixing evidence.

Q1: I haven't retired yet. Can I split my pension now?

It depends on the specific circumstances. The basic pension actually obtained or expected to be obtained during the marriage is considered marital joint property according to Article 25 of the Judicial Interpretation of the Marriage and Family Code (I), and can be divided. The pension that has not yet been retired or actually obtained is considered a prospective right, the amount and timing of which are uncertain. Generally, the court will not directly handle it in divorce litigation, but the claimant can sue for it separately after actually obtaining it. In practice, the parties can also negotiate a compensatory payment for the portion of the personal account deposited during the marriage, and include it in the divorce agreement or have the court confirm it in the judgment to avoid disputes after the divorce. When negotiating, it is recommended to use the deposit records issued by the social security agency as the basis to prevent oral estimates from causing disputes.

Q2: How to check the other party's provident fund and pension balance?

In the litigation, lawyers can be appointed to apply for a court investigation order to retrieve the payment details and account balances of the other party from the housing provident fund management center and social security agencies. The court can also conduct inquiries on its own initiative. When making inquiries, attention should be paid to distinguishing between payments made before and after marriage, as only the latter are subject to division. If one party conceals jointly owned property, they may receive a smaller share or no share in the division according to Article 1092 of the Civil Code; if the concealed property is discovered after divorce, a lawsuit can be filed within three years from the date of discovery to request a second division. It is recommended to pay attention to the other party's work unit, payment ratio, and other information and keep relevant evidence on hand to prepare for future litigation. Never wait until the litigation to find yourself unprepared.

Q3: How much does it cost to hire a lawyer for a divorce property division lawsuit?

The attorney's fees are generally calculated based on whether the case involves property and the amount of the dispute: for cases not involving property, a fixed fee is charged per case; for cases involving large amounts of property, the fees are calculated based on the amount of the dispute and are charged in increments. Other actual expenses such as property preservation and investigation and evidence collection need to be calculated separately. There are significant differences among law firms in Beijing. The key issue is not the price quote, but whether the fee calculation method, the stages of representation, and the authority of the attorney are specified in the written contract. Risk-based fees in marital and family cases are subject to regulatory restrictions, and one should be cautious of unrealistic promises of victory. Compared with the attorney's fees themselves, whether the client's assets such as provident funds and pensions can be fully traced and whether the division plan is feasible have a greater impact on the outcome. It is recommended to bring the client's payment records and property-related materials for a face-to-face evaluation.

Q4: How long does a lawsuit for the division of marital assets take?

In practice, cases applying the simplified procedure are generally concluded within three months from the date of filing, and those applying the ordinary procedure are generally concluded within six months. Cases involving property appraisal, account inquiry, or public notice service will be extended accordingly; if one party appeals against the first-instance judgment, the second-instance judgment will generally be concluded within three months. Cases involving provident funds and pensions often require investigation orders to inquire into the accounts item by item, and the overall time will be extended by one to two months. Before suing, it is recommended to sort out the property list and fix the evidence first, and if possible, settle the case once and for all in mediation for the fastest resolution. If the other party shows signs of transferring assets, you can apply for property preservation in the litigation to prevent the funds in the account from being transferred during the trial.

Q5: What should I do if I find out after the divorce that the other party concealed their provident fund?

You can file a lawsuit. According to Article 1092 of the Civil Code, if one party conceals, transfers, or sells the couple's joint property, the court may award a smaller share or no share to that party when dividing the property in a divorce; if the concealed or transferred property is discovered after the divorce, the party may request a second division of the concealed or transferred property. The statute of limitations for such a lawsuit is three years, calculated from the date of discovery. When filing the lawsuit, you need to submit evidence such as payment records and receipts for investigation orders to prove the concealment of facts and specific amounts. If necessary, you can apply to the court to retrieve the payment details. To prevent the other party from further transferring assets, you can apply for property preservation at the same time as filing the lawsuit. Information about family assets and unit payment certificates that you have saved on a regular basis are important evidence for asserting your rights.

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·Attorney Xiong Binrong·Beijing Henglu Law Firm