[Direct answer]It can be claimed, but the threshold is quite high. Divorce damages compensation is based on statutory circumstances. Article 1091 of the Civil Code of the People's Republic of China stipulates that if the divorce is caused by bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, or other major faults, the innocent party has the right to request damages. Extramarital affairs and occasional infidelity usually fail to meet the standard of continuous and stable cohabitation required for "cohabitation with others", and it is often difficult to gain support for claims for compensation alone; however, infidelity can serve as evidence that the marriage has indeed broken down, and the innocent party can strive for favorable treatment in the division of property in accordance with the principle of protecting the rights and interests of the innocent party in Article 1087. It is recommended to raise the issues of divorce, custody, property division, and damages compensation together.

1. Problem background and typical scenarios

Many litigants believe that if they can prove their spouse's infidelity, they can "both get a larger share of the marital assets and claim compensation". In reality, infidelity plays a role in divorce cases on three levels: whether it can be used as grounds for divorce, how the jointly owned property will be divided, and whether a separate compensation claim can be made. Common scenarios include one party living with an extramarital partner for a long time and having children with them, as well as cases where people claim 50,000 yuan in compensation based solely on a few photos and chat records. If the claims are set too high but the evidence cannot back them up, it will only distract the court's attention and lead to the overlook of truly valuable property clues.

II. Key points of contention

First, the statutory circumstances for compensation. The law lists polygamy, cohabitation with others, domestic violence, abuse and abandonment, as well as other major faults. Ordinary infidelity, ambiguous interactions, and occasional relationships are usually not included. Whether it constitutes an "other major fault" is determined by the court based on the circumstances. Second, the standard for determining cohabitation. Generally, it refers to a spouse living with an extramarital partner in a stable and continuous manner without being married. Short-term cohabitation or occasional hotel stays are difficult to verify. It is more effective to organize evidence based on the duration of cohabitation, the location, and traces of shared living. Third, the legality and probative force of evidence. Chat records, transfer details, travel records, photos, and videos must be obtained through legal means. Evidence obtained through illegal intrusion into residences, hacking mobile phones, or installing eavesdropping devices may be excluded and may also lead to other liabilities. Fourth, the relationship between compensation and property division. The preferential treatment in property division and the claim for damages are two different requests. If the court has already fully reflected the liability for faults in the division, it may not support the claim for compensation again. Fifth, the timing of the claim. Both the plaintiff and the defendant can make the claim. Generally, it should be claimed together with the divorce litigation. If it is claimed separately after the divorce, it will be subject to time and condition restrictions.

III. Professional analysis by Henglue Lawyers

To transform the facts of fault into actual benefits, it is necessary to request a comprehensive design of the project. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a daughter (who has now reached adulthood) and a son (who was 11 years old at the time). Over the years, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua initiated a divorce lawsuit first. Wang *sheng initially hoped to save the marriage, but 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 the marriage and subsequently hired a lawyer to file another lawsuit, requesting the dissolution of the marriage, the child's living with him and the other party paying alimony, the division of 70% of the joint property, the sharing of joint debts, and the claim for 50,000 yuan in damages. Zhang *hua verbally agreed to the divorce, but attached the condition that custody of the child would be granted to her and that she would receive 70% of the property. At the same time, she accused Wang *sheng of transferring property, fabricating debts, and being unfit to raise the child. The lawyer's work was divided into four steps: First, organizing the evidence of the court's ruling against the divorce and the affair to prove that the marriage had indeed broken down and there was no possibility of reconciliation; Second, considering the actual living conditions of the children, the time spent caring for them by both parties, and their ability to raise them, arguing that it was more in line with the principle of the best interests of minors for the child to live with Wang *sheng; Third, strictly adhering to the principle of protecting the rights of the innocent party, pointing out that the other party had violated the marital duty of fidelity and was the direct cause of the breakdown of the marriage, thereby claiming 70% of the joint property and verifying the basis of the joint debts and damages one by one; The court determined that Zhang *hua had still been having an affair during the marriage after the first lawsuit was dismissed, and that the marriage had indeed broken down, granting the divorce; Adopting the lawyer's opinion, the court ruled that the child would live with Wang *sheng, and Zhang *hua would pay 550 yuan per month in alimony until the child reaches adulthood, and supported Wang *sheng in receiving 70% of the joint property in accordance with the principles of protecting the child, the wife, and the innocent party's rights; Regarding the 50,000 yuan in damages, the court did not support it because the division of property had already reflected the liability for fault. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. This result shows that the main value of the fault facts often lies in the division of property, rather than necessarily leading to compensation; the verification of the flow of funds and the tracking of property clues can be used for referenceCreditor's rights and debts, and enforcementThe practical experience of the subject matter expert.

IV. Practical suggestions and legal basis

According to Article 1091 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), in the event of divorce caused by bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, or other major faults, the innocent party has the right to request compensation for damages; Article 1087 of the Civil Code of the People's Republic of China stipulates that in the event of divorce, the jointly owned property shall be dealt with by the parties through agreement. Where no agreement can be reached, the people's court shall make a judgment in accordance with the principles of protecting the rights and interests of children, the wife, and the innocent party; Article 1092 of the Civil Code of the People's Republic of China clearly stipulates that if a party conceals, transfers, sells, damages, or squanders the jointly owned property or forges joint debts in an attempt to seize the other party's property, the court may award a smaller share or no share at all. The amount of compensation shall be determined by the court based on the degree of fault, the consequences of the damage, the local living standards, and the economic conditions of both parties. Specifically, the current effective laws and regulations and judicial rulings shall prevail. Action List: First, after discovering infidelity, first secure evidence and preserve the original carriers of chat records, transfer details, and travel and accommodation information; Second, insist on obtaining evidence legally and do not accept materials that are unlawful or infringe on others' privacy; Third, when suing, put forward requests for divorce, child custody, favorable property division, and compensation for damages as a group to avoid omissions; Fourth, for claims of cohabitation or bigamy, organize a chain of evidence around the continuity and stability of cohabitation; Fifth, simultaneously investigate large-scale transfers and low-price disposal of property, and apply for property preservation when necessary. For the overall plan of the case, please first have a general understanding of it.Divorce litigation and family disputesThe key points of handling this matter involve the company's equity and operating funds, and can be addressed in conjunction with other relevant issues.Specialised legal servicesCollaborative verification.

5. Henglu Law Firm's Advice

Evidence of infidelity is a double-edged sword. If used properly, it can lead to a favorable division of assets; but if used improperly, it may result in wasted effort due to illegal evidence collection or even incur other legal liabilities. Here are four reminders: First, do not trespass into others' homes to collect evidence, do not hack into their phones, and do not hire unqualified so-called investigation companies. Illegal evidence collection methods will render the evidence worthless. Second, do not repeatedly present evidence or force children to take a position in front of them. Custody decisions prioritize stable living environments and actual caregiving abilities. Third, if the other party has already filed a lawsuit, the defendant can also claim damages and request a division of assets. Do not just focus on defending yourself and let others dictate the terms. Fourth, do not believe the claim that "obtaining evidence of infidelity will make the other party leave with nothing". To achieve this, the other party must voluntarily sign an agreement, or there must be legal circumstances such as hiding, transferring, or selling jointly owned property to support it.Beijing Henglu Law FirmTip: Submit the list of evidence, property clues, and all request items to the lawyer for coordination. This will help you gain more practical benefits than if you handle them separately.

VI. Frequently Asked Questions

Q1: What are the chances of successfully claiming compensation in a divorce case involving an extramarital affair?

It depends on whether the circumstances meet the legal requirements. Those who can prove bigamy or cohabitation with others have a significantly higher chance of getting their compensation requests supported; while those who have only had an affair once, engaged in ambiguous chats, or briefly cohabited afterward are mostly regarded as ordinary faults, and it's more difficult to claim compensation on their own. However, they can claim preferential treatment in the division of property. It should be noted that if the division of property has already reflected the liability for faults, the court may not support the compensation requests again. Therefore, it's more important to design a comprehensive claim package rather than simply seeking compensation alone.

Q2: What evidence do I need to prepare?

First, evidence of fault, including chat and call records, transfer details, accommodation and travel records, photos and videos of living together, and witness statements. Note to preserve the original carriers. Second, identity and marriage materials, including marriage certificates, identity and household registration information. Third, property evidence, including ownership certificates for real estate and vehicles, bank statements, financial management insurance, and equity certificates. Fourth, child-related materials, including birth certificates and actual care records. Organize them by category and timeline, and label the amounts and sources to facilitate the judge's verification.

Q3: How much does it typically cost to handle cases like this?

In terms of litigation fees, for divorce cases, a fee of 50 yuan to 300 yuan is paid per case. For those involving property division with a total amount exceeding 200,000 yuan, a separate fee shall be paid in proportion to the amount involved. The amount claimed for compensation is generally calculated according to the standards for property cases, subject to the specific provisions of the "Measures for the Payment of Litigation Fees". If applying for property preservation, an additional fee for the application for preservation shall be paid. The attorney's fee shall be determined based on the complexity of the case, the scale of the property, and the amount of evidence collection work. Marriage cases are not allowed to implement risk-based representation according to law. The specific provisions shall be subject to the written entrustment contract.

Q4: How long does it take from filing a lawsuit to obtaining the final verdict?

The first-instance trial is generally concluded within three to six months after the case is filed. However, cases involving property appraisal, audits, or the need to obtain materials from banks or companies may take longer. If the first lawsuit is ruled not to grant a divorce, the plaintiff usually needs to wait six months before filing another lawsuit, or file a lawsuit again based on statutory circumstances such as having been separated for more than a year. If the judgment determines the amount of compensation but the defendant fails to fulfill it, the plaintiff needs to apply for enforcement. The overall process should be expected to take more than a year.

Q5: What should I do first?

First, do two things: First, legally fix the evidence, save the chat records, transfer details, and relevant materials of living together, and don't rush to confront the other party; Second, sort out the property list simultaneously, listing the real estate, vehicles, deposits, financial management, insurance, equity, and debts one by one to prevent the other party from accelerating the transfer of property. The third step is to consult a professional lawyer with the evidence and the list, evaluate the feasibility of the compensation request and the scope of the property tilt claim, and then decide whether to apply for property preservation at the same time.

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 relevant evidence materials, so as to avoid missing the statutory time limit.Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.