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Chinese court rejects splitting children's 'lucky money' in divorce case

By Quan Zhanfu | chinadaily.com.cn | Updated: 2024-02-21 21:07

A court in Chongqing has rejected a divorcing couple's attempt to split their two children's accumulated "lucky money," a Lunar New Year tradition, highlighting legal distinctions between personal gifts and marital property.

The Jiangbei District People's Court announced the ruling on Tuesday, involving a couple identified with their surnamed Cai and Wang. Married since 2007 with two children, their initially amicable relationship deteriorated due to parenting disagreements.

After a separation exceeding 400 days, Cai, the husband, filed for divorce, seeking division of joint property and the children's bank savings totaling over 260,000 yuan ($38,300).

While the court granted the divorce and divided joint property equally, it ruled against splitting the children's savings.

The court deemed the money, traditionally gifted by elders to younger family members, as separate property belonging to the minors. It emphasized that guardians, in this case, Cai and Wang, lack the legal right to dispose of such assets.

Neither party appealed the decision, solidifying the court's interpretation of "lucky money" as distinct from marital property in divorce proceedings.

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