China updates divorce rules: Property now awarded based on contribution, not equal split

China has officially implemented a sweeping overhaul of its divorce and property division regulations for 2025, fundamentally altering how marital assets are distributed.

Effective February 1, 2025, the new legal framework moves away from the traditional 50/50 split, replacing it with a system strictly tied to documented financial contribution and legal title ownership.

Property division now based on financial contribution and legal ownership

Under the updated China Civil Code interpretations, the court’s “equal rights” principle no longer guarantees an equal share of property.

Instead, assets are primarily awarded to the spouse who can provide proof of purchase, such as bank transfers, mortgage statements, or contracts.

This change notably stipulates that property registered in only one spouse’s name—even if purchased during the marriage—may remain their exclusive asset unless the other partner proves a direct financial contribution.

Non-financial labour, like childcare, no longer automatically counts

A significant point of contention is the treatment of non-financial labor. Domestic work, including childcare and elderly care, is no longer automatically categorized as a “financial contribution” for asset splitting.

Critics argue this disproportionately penalizes stay-at-home spouses, primarily women, who may exit long marriages with minimal assets.

Furthermore, the law reaffirms the mandatory 30-day “cooling-off” period for uncontested divorces.

Either party can withdraw the application during this window, a measure intended to reduce impulsive separations.

Supporters suggest the reform clarifies property rights and encourages financial transparency, while opponents fear it undermines the social security of marriage

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