Is the part paid by the pension unit the joint property of the husband and wife?

Hello. Generally belongs.

Article 17 of the Marriage Law of the People's Republic of China stipulates that: "The following property acquired by husband and wife during the existence of marriage shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) 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.

Is the pension part of the marital property?

According to Article 11 of the Judicial Interpretation (II) of the Marriage Law:

During the existence of the marital relationship, the following property falls under Article 17 of the Marriage Law"Other property that should be jointly owned"：

1) The income obtained by one party from the investment of personal property;

2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

It can be seen from this that the pension insurance money actually obtained or should be obtained by both men and women during the existence of the marriage relationship belongs to the joint property of the husband and wife.

Where at the time of divorce, one of the spouses has not yet retired and does not meet the requirements for receiving pension insurance benefits, and the other party requests that the pension insurance money be divided according to the joint property of the husband and wife, the people's court will not support it.

Where pension insurance premiums are paid with the joint property of the husband and wife after marriage, and one party claims at the time of divorce that the portion of the pension account actually paid by the individual during the existence of the marital relationship be divided as the joint property of the husband and wife, the people's court shall support it. Hope.

This is not joint property.

The pension is the joint property of the husband and wife, as follows:

1. During the period of the existence of the marital relationship, the pension insurance premiums withheld by the unit by one or both spouses every month are actually paid from the joint property of the husband and wife, that is, the salary, and the pension insurance premiums accumulated by the wages belong to the joint property of the husband and wife. That is, the pension insurance money actually obtained or should be obtained by both husband and wife shall be recognized as the joint property of the husband and wife;

2. One of the spouses has committed a statutory violation. That is, one of the spouses has carried out an act that disrupts the marital and family relations of both parties prohibited by law. That is, it refers to a person who has a spouse and a person of the opposite sex outside of marriage, who does not live together in the name of husband and wife, continuously and stably.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1092.

Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Pension insurance is the joint property of husband and wife, and during the existence of the marital relationship, the pension insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both men and women belong to other property that shall be jointly owned by law. The following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife: salary, bonuses, etc.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation, and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property. Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 not clear, the provisions of articles 1062 and 1063 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 legally binding on both parties. If the husband and wife suspect that the property acquired during the existence of the marital relationship is agreed to belong to each other, and the debts owed by the husband or wife to the outside world are quietly owed to the outside world, and the counterpart is aware of the agreement, the personal property of the husband or wife shall be repaid.

Legal Analysis: It is the joint property of the husband and wife. During the existence of the marital relationship, the housing allowance, housing provident fund, pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by the man and woman belong to the joint property of the husband and wife.

1) Whether the pension insurance during the existence of the relationship between husband and wife is the joint property of the husband and wife. Pension insurance is the living expenses issued by the state to retired workers through social pension insurance institutions, is the main income and living security of retired workers, has the attribute of wages, and should be included in the scope of the joint property of husband and wife, and the third paragraph of Article 11 of the Interpretation (II) of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China promulgated by the Supreme People's Court also clearly stipulates that the pension insurance money actually obtained or should be obtained by both men and women during the existence of the marriage relationship shall be recognized as the joint property of the husband and wife. (2) How to divide the pension insurance in the event of divorce and the principle of division.

There are two types of pension insurance benefits that belong to the husband and wife as "other property that shall be jointly owned" as stipulated by the Supreme People's Court in Interpretation (II) of the Marriage Law, one is the pension insurance that has been actually obtained by the man and the woman during the existence of the marriage relationship, and the other is the pension insurance that the man and woman should have obtained during the marriage. Since there is a big difference between the two situations, they should be treated differently in practice. 1. The pension insurance money that has been actually obtained.

Since this specific amount has already been determined and has the operability of splitting, there will not be much controversy in practice. 2. The pension insurance money that should be obtained. In the Interpretation (II) of the Marriage Law, the Supreme People's Court did not clearly define the meaning and scope of what should be obtained.

In our view, the person who should obtain it means that the person concerned has the basic conditions for enjoying the pension insurance, but for some reason has not received the pension insurance money or paid it to his personal salary account. If one or both parties have participated in pension insurance during the marriage before the divorce, but the divorce is due to the fact that one or both parties have not retired at the time of the marriage, it is not possible to estimate the amount of pension that will be available in the future at the time of divorce.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

(3) the proceeds of intellectual property rights;

(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

(5) Other property that shall be jointly owned.