Conditions and Scope of Application of the Divorce Damages System
Source:Judicial Case Research Institute
Author:First Civil Division of the Supreme People's Court
Release Time:2026-07-21
Article 1091 of the Civil Code stipulates that if divorce is caused by any of the following circumstances, the party without fault has the right to request damages: (1) bigamy; (2) cohabitation with another person; (3) domestic violence; (4) maltreatment or abandonment of family members; (5) other major faults. This provision adds a catch-all clause of "other major faults" to the original four circumstances, expanding the scope of application of divorce damages and providing more comprehensive relief for the innocent party.