Alimony after divorce and how to calculate the property after the second marriage

According to the Marriage Law of the People's Republic of China:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

Therefore, if the husband and wife have not agreed on the property acquired during the marriage and the property before the marriage, the alimony received before the remarriage is the property of one of the parties.

If there is an agreement to co-share, it is co-ownership. Otherwise, it belongs to one party only.

Legal Analysis: The standard law for divorce alimony is not clearly defined and can be agreed upon by both parties. If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.

The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.

The divorce agreement shall clearly state the parties' voluntary expression of intent to divorce and their consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

There is no alimony for divorced couples. Because alimony, if combined, refers to the source of the child's dues to the parents, and has nothing to do with the dissolution of the child's marital relationship. The maintenance of parents should be determined in combination with the basic living, medical and residential needs of the elderly, and with reference to the local living standards.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Article 1085 of the Civil Code of the People's Republic of China: Where children are directly raised by one party after divorce, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

1. What is the definition of alimony Alimony refers to the child's financial provision of necessary living expenses for the noisy parents, that is, to bear certain economic responsibilities, provide necessary economic assistance, and provide material assistance. The Civil Code stipulates that children have the obligation to support their parents. Parents who are unable to work or have difficulties in living if their children do not fulfill their maintenance obligations have the right to demand maintenance from their children.

Calculation of alimony: First, the monthly per capita income of the child's family is calculated. When a child's average monthly income is below the minimum subsistence allowance, the child is considered unable to support his or her parents.

When the monthly income of the family with children is higher than the minimum subsistence allowance, the alimony for families with more than two children is calculated at 50%; Alimony for families with three or more children is 40 per cent. The amount of alimony payable is divided by the amount of alimony, and the resulting alimony is paid to each alimony. The standards for alimony determined by the people's court include:

The level of the local economy, the actual needs of the dependants and the financial capacity of the dependants. II. How to Determine the Standard of Alimony for Divorce The criteria for determining alimony include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter.

Specifically, with regard to the standard of alimony payment for the elderly with urban household registration, the laws, regulations or normative documents issued by various provinces and municipalities on the minimum subsistence guarantee for urban residents and residents have provisions on the calculation methods of alimony and alimony. Maintenance is generally calculated on the basis of the total household income minus the average standard of living of urban residents of family members, and the remainder is calculated on the basis of the average amount of the number of dependents.

For the elderly with rural household registration, the data on the annual per capita living expenses of local farmers in the previous year released by the local statistical department are generally used as the benchmark. It should be pointed out that the amount of alimony to be paid is determined on the basis of the financial situation of the dependent, the actual living standard of the locality and the actual situation of the dependent. An increase in the amount of alimony may be requested over time and in the actual needs of the dependent.