Economic assistance (离婚经济帮助) is provided for in Article 1090 of the PRC Civil Code: if one spouse has difficulty in living at the time of divorce, the other spouse, if able, should give appropriate help. The specific arrangement is agreed by the spouses or decided by the court. Assistance can take the form of money, or the right to live in or use a property owned by the other spouse.
Why it matters
China does not have open-ended alimony of the kind found in some common-law countries. Economic assistance is the closest equivalent, but it is narrow. Courts generally interpret "difficulty in living" as being unable to maintain a basic local standard of living with one's own property and income, for example because of serious illness, disability or having no income. It is assessed at the time of divorce, and is usually a one-off or short-term measure rather than lifelong support. Foreign clients used to spousal maintenance at home are often surprised by how limited it is.
How it works in practice
A Chinese wife in her fifties had been out of work for years caring for the family and was diagnosed with a chronic illness shortly before her husband, a Canadian national, filed for divorce. The community property was small because most savings had gone into medical costs. The court ordered the husband to pay a lump sum as economic assistance and allowed her to continue living in a flat he owned for a fixed period.
Common mistakes
- Expecting monthly spousal maintenance similar to overseas systems
- Confusing assistance with economic compensation, which rewards care work rather than hardship
- Failing to provide medical or income evidence of genuine difficulty
- Raising the request after the divorce is finalised
- Not asking for a right of residence where that is more useful than cash