On The Division Of Pension Benefits In Divorce

From the perspective of maintaining social stability,pension insurance focuses on the long-term protection of citizens' basic life after retirement,and its amount is constantly adjusted with the rise of social prices.Since the collection of pensions needs to meet certain retirement ages and payment deadlines,pensions are often in a state of expectation before conversion to specific material property.This article refers to the benefits of pensions enjoyed by the parties in this state as pension benefits.From the nature point of view,the pension expectation benefit comes from the monthly accumulation of a certain salary,which is the consideration of the wages of the employees.It should be included in the joint property of the husband and wife and divided at the time of divorce.However,Article 13 of the Interpretation of the Supreme People's Court on the Application of Marriage Law of the People's Republic of China(3)stipulates that the insured has not retired at the time of divorce,and the conditions for receiving the pension are not satisfied,it only supports the amount of the accumulated personal accounts of the endowment insurance,and there is no provision for the amount of the pooled account.The scope of the pension has been narrowed,the treatment of the expected benefits of the pension has been neglected,and the legislative spirit of the joint property system has been violated?This article is divided into four parts in addition to the introduction.The first part defines the concept of the expected benefits of pensions at the time of divorce.From the source and composition of the pension expectation benefit,the pension expectation benefit obtained during the existence of the marriage relationship is the consideration of the labor remuneration of one party,and possesses the property attribute,which should be included in the distribution of divorce property as the joint property of the husband and wife.The second part is based on the evaluation of housework value,the theory of marriage interest and the fairness and justice value of law.It analyzes the legitimacy of the pension benefit expectation of divorce.The third part begins with the legislative norms,trial standards and the protection of the right to know of the pensions,and focuses on the current legal regulation and judicial practice status of the pension benefits in the divorce of our husband and wife.Kim looks forward to the problems in the division of interests.The last part analyzes the existing methods of splitting the common property of husband and wife,and clarifies that due to the uncertainty of the expected benefits of pensions,It is proposed that when the pension benefits are divided,the value assessment method should be used as the main method,and retaining pensions expecting interest claims as an auxiliary method,to improve the system of joint property distribution between husband and wife in China.