Divorce Financial Assistance System

Article42of "Marriage law" stipulates divorce financial assistance system, which give the right to the life difficult party, who can ask assistant from the other party. The system intends to protect the economic interests of weaker party and guarantee the realization of freedom of divorce. But it also has many defects, such as unknown qualitative, the harsh on suitable conditions, the lack of legislative provisions,etc. These defects lead to divorce economic help system can not meet the requirement of reality and effectively protect the rights of the weaker party. Accordingly, there are two solution about the problem, Improve the system of economic help or establish the divorce maintenance system, but according to China’s traditional concept, legislative habit and judicial practice, our country should improve the system of economic help. Compared to divorce maintenance system in different countries at the same time, we can draw lessons from the legislation which suits the situation of our country. On the basis of reference, the author put forward the improvement measures which include broadening the applicable standards, Clearing time factor, way, alteration and termination of economic help, so as to balance the interests of both sides of the couple,protect the interests of the weaker side, and achieve the freedom of divorce and justice.