Study On The System Of The Spousal Maintenance On Divorce

The establishment of marital relationship between couple brings about the title and obligation of husband and wife which makes them being dependent on each other both economically and spiritually. But this obligation will be terminated as the renouncement of their marital relationship. At this time, if either party of the divorce is facing difficulties in life, according to the spousal maintenance on divorce provided by the legislation in many countries and areas, should be offered financial payments as a legal relief to the weak by the other party who is able to afford the economic burden.The spousal maintenance on divorce which is established in the Marriage Law in China in 1950 and 1980, is one of the four existing divorce relief systems and is generally known as "the economic aid in divorce" by the scholars in China. And it has been playing an active role in relieving the weak party from divorce and improving their living conditions.Now the spousal maintenance on divorce has become a more mature system of marriage and family through its development, and is playing an important role in adjusting the relationship between the parties of divorce, and in maintaining justice and fair in marriages and families.In this thesis paper, by conducting a comprehensive study of the legislation of the spousal maintenance on divorce and investigating the judicial system, the author found that there are many problems and shortcomings in our existing alimony system which result the lack of workability and greatly affecting the functions of the system in protecting the weak party of divorce.In view of that, by comparing the foreign alimony systems with those in China and basing on the present legislation in our country, the author offered some proposals about how to improve the spousal maintenance on divorce.