Research On The System Of Spousal Maintenance For Divorce

Freedom on divorce is one of the basic principles of family law in modern society. However, in practice,some people bear painful marriages because of worrying about the living conditions after divorce. Meanwhile, divorce will produce a series of legal consequences, including the elimination of identities, the changes in property relations between the two sides. After divorce, one side may have financial difficulties, which make it hard to maintain the living standard as in the marriage. And also, when one side has made a major contribution to the other's development, which has not meant something on property, it will be difficult to protect the contributor's rights and interests once they divorce. The problems mentioned above can be solved through the implementation of spousal maintenance for divorce. In this essay, after comparative study on the system (spousal maintenance for divorce) of some countries, and analysis on the shortcomings of the system in our country, the author puts forward the ideas to improve it.The essay consists of preface, main body, and conclusion, the main body contains four parts:The first part will discuss the meaning, basic theories and merits of the system. The system of spousal maintenance for divorce means that, by mutual agreement or a court judgment, one side in difficulties could get the appropriate support from the other side. The theoretical basis of the system is controversial, including the theory of spousal maintenance as punishment, non-fulfillment of the duty and supplement to the social security system. For alimony, it helps to safeguard the principle of freedom on divorce, achieve fairness and justice, make up the insufficient of the social security system and consolidate marriage and family. The second part will compare the concerning system overseas, including Germany, Russia, the United Kingdom and the United States. It mainly compares the contents from the following aspects: the conditions for requests, the way to get the support, the factors that judge should consider, the manner of the support, the restrictions, alternation and termination, etc.The third part will introduce the development of China's system of spousal maintenance for divorce. It traced back to ancient times, the period of revolutionary base and times after the founding of New China. Through the introduction, the readers will form a more clear understanding of the system.In the last part of this essay, I will analyze the deficiencies of our own system, then put up with some advice for betterment. The current "financial assistance system" has the following shortcomings: the nature is vague, the provisions are sweeping, and it is also harsh to apply, etc. To resolve these problems the author proposes the improvement of the system of spousal maintenance for divorce, reforming the existing financial assistance system, explicating the system of relievable spousal maintenance. Meanwhile, to meet the actual needs of China's national development, establishing the system of compensational spousal maintenance, can be a useful complement.