Study On Spousal Support Obligation

Although financial assistance on divorce is not so advanced in China, it still plays animportant role in protecting the disadvantaged.This article is trying to make a study on spousalsupport obligation by discussing the basis of financial assistance system in china and the relatedlegislation overseas,hoping it will suggest some directions for building a comprehensive spousalsupport system in China. Besides the foreword and conclusion, the paper divides into three parts:Part II makes a study on the basic theories of spousal maintenance. The discussion will beginwith the definition of spousal support; introduce the history resource and development of spousalsupport.Part II is mainly making some comments on financial assistance in China. Compared withadvanced spousal support system,there are a lot of flaws and shortcomings in financial assistancesystem,especially in the current financial assistance. Firstly, it is not proper to take financialassistance as the spousal support system. Secondly, the conditions under which the financialassistance is granted too restrictive that hardly be used in financial assistance. Thirdly, absolutefreedom in signing the agreement can not provide the disadvantaged with the interests.Last but notthe least, it is a pity that we did not establish a compensatory spousal support.Part II will analyze the details of building spousal support after divorce, consulting thelegislation overseas and form a ideal framework of spousal support after divorce which mayinclude four sections: the principles of spousal support after divorce，the performance assurance ofspousal support after divorce, the determined factors and the conditions of the obligation beingmodified and terminated.