Under the following circumstances
 1、 If divorce is caused, the innocent party has the right to claim damages:
 （1） Bigamy;
 （2） The person with spouse cohabits with another person;
 （3） Domestic violence;
 （4） Maltreating or abandoning family members. In case of any of the above circumstances, the innocent party may claim damages at the time of prosecution.
 （1） In the case of divorce through litigation, according to the interpretation of the Supreme People's Court on several issues concerning the application of the Marriage Law of the People's Republic of China
 （1） Article 29 stipulates that "the subject bearing the liability for damages as stipulated in Article 46 of the Marriage Law shall be the spouse of the innocent party in the divorce proceedings. The people's court shall not support the claim for damages made by the parties based on Article 46 of the Marriage Law in cases where divorce is not allowed. The people's court shall not accept a claim for damages filed by a party in accordance with the provisions of this article without suing for divorce during the existence of the marriage relationship. "
 According to the interpretation of the Supreme People's Court on some issues concerning the application of the Marriage Law of the People's Republic of China
 （1） Article 30 stipulates that "when accepting a divorce case, the people's court shall inform the parties in writing of their relevant rights and obligations under Article 46 and other provisions of the Marriage Law. When applying Article 46 of the Marriage Law, the following different situations shall be distinguished:
 1. If the no fault party in accordance with the provisions of Article 46 of the Marriage Law, as the plaintiff, files a claim for damages to the people's court based on the provisions of this article, it must be filed at the same time as the divorce proceedings.
 2. If the defendant does not agree to the divorce and does not file a claim for damages based on the provisions of Article 46 of the Marriage Law, if the innocent party is the defendant, a separate lawsuit can be filed within one year after the divorce.
 3. In the divorce proceedings where the innocent party is the defendant, the defendant did not make a claim for damages based on the provisions of Article 46 of the Marriage Law in the first instance. If the claim is made during the second instance, the people's court shall mediate. If the mediation fails, the party concerned shall be informed to start another lawsuit within one year after the divorce. "
 （2） If the divorce is agreed in the marriage registration authority, according to the interpretation of the Supreme People's Court on several issues concerning the application of the Marriage Law of the People's Republic of China
 （2） Article 27 stipulates that "if a party makes a claim for damages to the people's court on the grounds of Article 46 of the Marriage Law after going through the divorce registration procedures at the marriage registration authority, the people's court shall accept it. However, if the party has explicitly waived the claim at the time of divorce agreement, or has made the claim one year after going through the divorce registration procedures, the people's court shall not support it.