The situation: A foreigner files for divorce from their Chinese spouse or vice versa before Chinese courts.
Applicable law: The Civil Code (2021): assets acquired during marriage are considered joint property and divided equally (Article 1087). The financially weaker party is entitled to claim alimony for a transitional period (Article 1090). Assets owned before the marriage are generally not included in the division unless there is a different agreement. Chinese courts apply their domestic law to assets located in China regardless of the parties' nationalities.
Typical outcome: The court holds a hearing where both parties are heard and issues a ruling on asset division, possibly ordering the more capable party to pay alimony for a specified period.
📜 Civil Code (general rules) · Awareness case
Alimony and Asset Division in International Divorce in China · Yalla China
🤝 Governing law: 民法典 / Civil Code Arts 1085-1090 (Divorce Property and Support)
A couple of different nationalities divorcing in China. How are assets divided and is the financially stronger party required to pay alimony?
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
🎓 The lesson / takeaway
Lesson: If you have significant assets, consider a prenuptial agreement notarised in China before the marriage. Assets outside China may be subject to the law of the country where they are located.
🕒 Updated: 16 March 2026