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家要散,家务劳动这笔账怎么算
Core Viewpoint - The implementation of Article 1088 of the Civil Code in China allows one spouse to request compensation for household labor during divorce, leading to a growing recognition of the economic value of domestic work [1][2][3] Group 1: Legal Framework and Case Studies - The "household labor compensation clause" was enacted in 2021, allowing for compensation claims during divorce proceedings [1] - A study by Chen Xuezheng found that out of 241 cases analyzed, courts supported compensation requests in 45% of instances [1][2] - The first case in Shandong highlighted the lack of awareness about this legal provision among many individuals, particularly those without legal representation [2] Group 2: Challenges in Proving Household Labor - Proving the extent of household labor and determining compensation amounts are significant legal challenges [3][4] - Many cases involve dual-income households where responsibilities are not clearly defined, complicating the determination of who bears more household duties [3][4] - The recognition of household contributions by the other party is crucial for successful claims, as seen in Ma Xiaoli's case where the husband acknowledged her contributions [5][6] Group 3: Compensation Determination - Compensation amounts vary widely, with cases ranging from 3,000 to 300,000 yuan, but most fall between 10,000 and 50,000 yuan [8][9] - Judges consider various factors, including the duration of marriage, the economic situation of both parties, and the nature of household contributions when determining compensation [7][8][12] - The lack of a standardized formula for calculating compensation leads to subjective judgments by judges, reflecting the unique circumstances of each case [8][10][12] Group 4: Future Considerations - The upcoming legal interpretations set to take effect in 2025 aim to provide clearer guidelines for determining compensation amounts, considering factors like time, effort, and local income levels [12] - There is a call for a more unified approach to reduce disputes over compensation amounts and to maintain family harmony [12][13]