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1. Ways of support between husband and wife.
In our country, there is a legal obligation between husband and wife to maintain them. In reality, there are two main types of support: direct support and indirect support.
Direct support means that husband and wife live together. Even if there is a property agreement between the spouses, if one of the spouses is sick or incapacitated, the other party must help to heal and maintain his or her life. Indirect support means that the husband and wife do not live together, and the maintenance obligor pays alimony or in kind on a regular or irregular basis, and helps with physical labor and gives spiritual comfort on a regular or irregular basis.
Indirect support is often limited by the support capacity of the support obligor, which is prone to disputes. Therefore, the main support between husband and wife should be direct support.
2. Characteristics of the relationship between husband and wife.
Inter-marital maintenance takes place between the spouses in the legal relationship of husband and wife, and the obligation of conjugal support does not arise from an illegal cohabitation relationship, nor does there exist a relationship of support between a man and a woman after the marriage has died out as a result of divorce.
Maintenance between husband and wife is a reciprocal obligation of husband and wife, which is both an obligation and a right of each other.
The maintenance between husband and wife is limited by the obligor's ability to support, and at the same time, it is also limited by the right holder's need to be supported. When the maintenance obligor is unable to maintain his or her own standard of living, the amount of support capacity must be determined according to the remaining strength. If it is true that they have also lost their ability to work and income, they have also lost their obligation to support them, and they can only rely on state assistance to solve the problem.
The maintenance right holder should limit the necessary and legitimate requirements for survival and development, and when the maintenance right holder excessively demands that the maintenance obligor fulfill his obligations, even if the maintenance obligor has the ability, it is unreasonable.
The legal obligation to maintain is legally mandatory. When one party needs the support of the other party, the party who needs the support can exercise the rights granted by the law and require the other party to fulfill the maintenance obligation. If the other party fails to perform its obligations, the obligee may file a lawsuit with the court for alimony.
3. Exemption from the obligation of support between husband and wife.
There are three circumstances that can give rise to the exemption of the maintenance obligation between husband and wife: when the person with the right to support has the ability to earn a living and a living**, and therefore does not need support; When the child of the maintenance right holder has reached the age of majority and has begun to fulfill the obligation to support the child and is sufficient to meet the needs of life; If the husband and wife in urban or rural areas are unable to work, have no livelihood, no supporters and supporters, or their supporters and supporters are indeed unable to support or support, the former shall be relieved by the local people, and the latter shall be supported by the rural collective economic organization in the five guarantees of food, clothing, housing, medical care, and burial. These three exemptions are only exemptions from material support, not from spiritual support.
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Yes (not maintenance, but maintenance).
Husbands and wives have a legal obligation to support each other during the marriage.
Article 20 of the Marriage Law provides that husband and wife have the obligation to support each other.
If one party fails to fulfill the maintenance obligation, the party in need of maintenance has the right to demand that the other party pay maintenance.
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