How can a woman get the most benefit after divorce when a man cheats?

Firstly, it is determined whether the husband's cheating behavior belongs to the fault behavior of taking care of the innocent party as stipulated by law. If not, there is not much difference in property division from ordinary divorce property division.

If the fault liability is bigamy or cohabitation with others, the court will consider the influence of the derailed party on the marriage and divide the property fairly on the basis of taking care of the woman.

According to the Marriage Law of the People's Republic of China:

Article 39 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

Article 42 In the event of divorce, if one party has difficulties in life, the other party shall give appropriate help from his personal property such as his house. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

Extended data:

The people's court shall follow the following principles in handling divorce cases and dividing the property of husband and wife:

I. The principle of equality between men and women. The principle of equality between men and women is not only embodied in the legal norms of the marriage law, but also a guide for the people's courts to try marriage and family cases. This principle is embodied in the division of divorce property, that is, husband and wife have the right to share the same property equally and bear the same debt equally;

Second, the principle of taking care of the interests of children and women. The "care" here can not only give the woman extra points in the share of property, but also allocate the property that is particularly needed in a certain life, such as housing, to the woman in the type of property.

After all, judging from the influence of habits, obstacles caused by traditional factors, women's housework burden and physiological characteristics, after divorce, women are weaker than men in finding jobs and making a living, and they need more help from society.

At the same time, when dividing the marital property, special attention should be paid to protecting the legitimate property rights and interests of minors. The legal property of minors cannot be included in the division of marital property;

Third, the principle of beneficial and convenient life. When divorce is divided, the utility, performance and economic value of the same property shall not be damaged. When dividing the means of production in the same property, it should be allocated to the party that needs the means of production and can better play the role of the means of production.

When dividing * * * from the living materials in the property, we should try our best to meet the needs of individuals engaged in professional or professional work, so as to give full play to the use value of the property. The indispensable items shall be owned by one party according to the principle of actual needs and beneficial use, and the co-owners shall compensate the other party according to the principle of fairness and the actual value at the time of divorce;

Fourth, the principle that rights should not be abused. When divorcing and dividing the same property, the property owned by the state, the collective and others shall not be divided as the same property, and the legitimate interests of others shall not be harmed in the name of dividing the same property;

Five, all the property of husband and wife, in * * * with life consumption, damage, loss, the other party will not be compensated. This is a summary of judicial practice experience, which conforms to the requirements of the relationship between husband and wife and the essence of married life and is conducive to avoiding unnecessary disputes.

Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that the people's court shall support the request of a party to return the bride price paid according to the custom if it is found that it belongs to the following circumstances:

(1) Both parties failed to go through the marriage registration formalities.

(2) Both parties have gone through the marriage registration formalities, but they have not lived together.

(3) premarital payment, causing difficulties to the payer.

In the cases of items (2) and (3), both parties are divorced.

The Supreme People's Court's judicial interpretation gives China a legal basis to deal with the issue of engagement.

However, due to this explanation, there is no clear distinction between returning the bride price after the dissolution of the engagement and returning the bride price after divorce, such as how to grasp the amount of return and how to determine the difficulties of life. In this way, judges will have different results in handling the same case because of their different understandings. The author believes that what we usually understand as "causing difficulties to the payer's life" is the condition for the return of bride price.

The return of the bride price at the time of divorce should be based on the absolute difficulty of the payer's life. However, in dealing with cases of property disputes in engagement, as long as the life of the payer is relatively difficult, it should be returned.

As long as one of the three situations stipulated in this judicial interpretation is met, the other party can be sentenced to return the bride price, but all three situations cannot be required.

For the amount returned, the people's court may make a judgment according to the litigant's claim and the verified amount of bride price when handling divorce dispute cases. In the case of bride price disputes, as long as it belongs to the bride price part recognized by the court, it should be returned in full.

China Government Network-Marriage Law of the People's Republic of China