(1) Divorce compensation refers to the loss suffered by the innocent party when the marriage and family relationship breaks down due to the fault of one spouse, and the innocent party shall bear civil liability;
(2) Bigamy and cohabiting with others are both extramarital affairs in legal divorce compensation. Therefore, not all extramarital affairs can claim divorce compensation. In other words, only those who are bigamous and have spouses living with others can apply for divorce compensation, and those who occasionally cheat, such as one-night stands, adultery and whoring, cannot apply for divorce compensation.
(3) Divorce compensation for extramarital affairs includes two aspects, material damage compensation and mental damage compensation.
Compensation for material damage includes direct material damage such as evidence collection fees, prosecution fees and attorney fees of the other party's bigamy. Because there is no clear standard of compensation for mental damage in China, there is no clear standard of compensation for mental damage suffered by divorce because of extramarital affairs.
2. Only a man and a woman living together outside marriage in the name of husband and wife can constitute bigamy. The injured party can bring a lawsuit to the court with relevant evidence, demanding that he be investigated for criminal responsibility.
legal basis: article 258 of the criminal law of People's Republic of China (PRC).
if the crime of bigamy involves bigamy of a spouse, or marries another person knowing that he has a spouse, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.