According to the provisions of China's Marriage Law and its judicial interpretation, when divorcing property, the property shall be divided according to the principle of caring for the innocent party. According to the Marriage Law, fault refers to bigamy, cohabitation with others, domestic violence, maltreatment and abandonment of family members. The so-called divorce fault compensation system refers to the legal system in which the fault party should pay civil compensation to the non fault party when the husband and wife divorce due to the behavior of the fault party in the divorce proceedings.
 The new Marriage Law and the interpretation of the Supreme People's Court on several issues concerning the application of the Marriage Law (hereinafter referred to as the judicial interpretation) clearly stipulate the compensation for divorce fault damages.
 Article 46 of the Marriage Law stipulates that there are four situations in which compensation for damages can be claimed:
 （1） Bigamous
 （2） Cohabiting with others
 （3） Domestic violence
 （4） Maltreating or abandoning family members.
 According to the provisions of Article 28 of the judicial interpretation, divorce fault compensation includes material compensation and spiritual compensation.
 Material damage compensation refers to the damage caused to others due to the fault of the perpetrator, and the perpetrator shall compensate the economic losses of the injured party according to law. In divorce proceedings, if the fault party's behavior (limited to the four legal situations specified in Article 46 of the Marriage Law) causes economic losses to one of the victims, the fault party shall compensate for the economic losses, such as medical expenses, nursing expenses, transportation expenses, etc. caused by the consequences of the other party's domestic violence.
 Mental damage compensation refers to the damage caused to others due to the fault of the perpetrator, and the perpetrator shall compensate the injured party for the mental damage according to law. In divorce proceedings, if one party's fault leads to divorce, it is certain that the innocent party will suffer damage, which includes both material and spiritual aspects. The legal basis for the compensation for mental damage is the Interpretation of Several Issues Concerning the Determination of the Letter of Liability for Mental Damage in Civil Torts, published by the Supreme People's Court on February 26, 2001, The interpretation stipulates that: "If the victim infringes upon the privacy of others or other social public interests in violation of social public interests or social morality, and brings a lawsuit to the people's court for compensation for mental damage on the grounds of infringement, the people's court shall accept it according to law." The interpretation also stipulates in principle the amount of compensation for mental damage, The non fault party can request the court to judge the fault party to compensate a certain amount of spiritual damages.
 As for the division of family property during the marriage relationship, the rights and interests of the faultless party and children should be taken care of. However, this kind of care is not compensation for divorce fault damage. It cannot be considered that when the faultless party is given more property in divorce, it is compensation. Because the establishment of the fault damage compensation system is based on the damage suffered by the innocent party when divorce, and no damage, no compensation.