Law-Economics Analysis of Financial Compensation for Divorce

Abstract

With the continuous development of science and technology and economy, the gender ratio in the labor market has changed, and the scope of female social activities is not limited to the family. At this time, the traditional concept of marriage is no longer applicable to the new social outlook, and a new system is needed to protect the family contribution. The financial compensation system for divorce is designed to compensate one party for his or her contribution during the life of the marriage in the event of divorce, while protecting the disadvantaged groups and gender equality. Although our current understanding of divorce economic compensation is insufficient, only the protection object is limited to housework, and because of the calculation method is not uniform, the application effect in practice is not satisfactory. This paper analyzes Financial compensation system from the perspective of economics, uses the equity principle in civil law to complete the right consciousness of family contribution, broadens the object protected by divorce economic compensation, improves the calculation rules of divorce economic compensation and makes appropriate special compensation for women, so as to ensure the stability of marriage and the efficiency of society.