"The Heavy Artifact" Finale Sparks Discussion: If a Spouse Is Diagnosed with a Terminal Illness and Then Divorces, How Does the Law Rule? Lawyer Analyzes Three Key Points

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The hit drama "Heavy Machinery" has reached its finale, and the plotline in which Guo Dajie suffers from a terminal illness, Zhang Lihui files for divorce and seeks media exposure has sparked heated discussions on social platforms. While many viewers marvel at the dramatic twists and turns of the story, they also raise real-life questions: If one spouse is terminally ill, does the other have the right to file for divorce? How are the rights of the ill spouse protected? Could media exposure influence judicial rulings?

As lawyers, we note that this type of plot is not entirely fictional—in real judicial practice, divorce cases involving a spouse with illness are not uncommon. This article will analyze three core legal issues behind the plot from a legal perspective, combining relevant provisions of the Civil Code and judicial practice, to provide readers with clear adjudication rules and approaches for rights protection.

First, if a spouse has a terminal illness, can the other party file for divorce? The law does not prohibit it, but there are restrictions.

In the storyline, Zhang Lihui filed for divorce after Guo Dajie was diagnosed with a terminal illness. Is this plot legally permissible in reality? The answer is not a simple "yes" or "no."

According to Article 1079 of the Civil Code, when a people's court hears a divorce case, it shall conduct mediation; if the mutual affection is indeed broken and mediation fails, the divorce shall be granted. The law does not list "one party being ill" as a circumstance prohibiting divorce, so procedurally, either the ill party or the healthy party has the right to file for divorce.

However, there are important limitations in judicial practice. Article 1091 of the Civil Code stipulates that where divorce is caused by any of the following circumstances, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (3) domestic violence; (4) abuse or abandonment of a family member; (5) any other major fault. If the healthy spouse is eager to divorce due to the other spouse's illness and commits acts such as abandonment or abuse, this may constitute a major fault, and the ill spouse is entitled to claim damages.

More importantly, Article 1059 of the Civil Code clarifies the maintenance obligation between spouses: spouses have a mutual duty to support each other. If one spouse is in need of support and the other fails to fulfill this obligation, the former has the right to demand payment of maintenance. This means that even if a court grants a divorce, if the ill spouse has lost the ability to work due to illness and has no source of income, the court may still order the healthy spouse to pay maintenance for a certain period after the divorce. In practice, courts tend to be cautious when handling divorce requests from an ill spouse, and unless the healthy spouse has made adequate arrangements for the ill spouse's care, it is highly likely that the court will rule against granting the divorce.

II. Divorce Cooling-off Period and Illness Circumstances: Does the 30-day cooling-off period apply to divorce proceedings through litigation?

In the drama, after Zhang Lihui proposed divorce, she immediately sought media exposure. Netizens generally wonder: Is a "cooling-off period" required for divorce? If applicable, does illness affect the application of the cooling-off period?

It should be clarified that the 30-day cooling-off period for divorce stipulated in Article 1077 of the Civil Code applies only to divorce by mutual consent, that is, cases where both parties voluntarily divorce and apply to the marriage registration authority. In contrast, divorce by litigation (i.e., filing a divorce lawsuit with the court) is not subject to the cooling-off period; the court decides whether to mediate and when to hold a hearing based on the specific circumstances of the case.

However, in divorce proceedings through litigation, courts typically grant both parties a certain "cooling-off period" or mediation period, and judges exercise greater caution, especially when one party is ill. According to Article 1076 of the Civil Code, if both spouses voluntarily agree to divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration authority. If one party is suffering from an illness, particularly a terminal illness, the court will place greater emphasis on protecting the actual needs of the ill party, such as medical expenses and nursing costs, during mediation.

In judicial practice, if the ill spouse does not consent to the divorce, and the healthy spouse cannot prove that the marital relationship has truly broken down (such as through statutory grounds like prolonged separation or domestic violence), the court generally will not grant a divorce on the first petition. This effectively provides the ill spouse with procedural breathing room, preventing them from being left without care due to a sudden illness.

III. Protection of the Rights and Interests of the Ill Party: Special Rules on Medical Expenses, Nursing Fees, and Property Division

In the drama, after Zhang Lihui proposed a divorce, she sought media exposure, intending to use public pressure to gain a larger share of the property distribution. In reality, can the ill party receive special consideration in a divorce? The answer is yes, but it must be claimed through legal procedures.

First, regarding medical expenses and nursing costs. According to Article 1066 of the Civil Code, if during the marriage, a person whom one spouse has a statutory duty to support suffers from a major illness requiring medical treatment, and the other spouse refuses to pay the related medical expenses, the ill spouse may petition the people's court for a division of the community property. This means that even if the divorce has not yet occurred, the ill spouse may file a lawsuit to request a division of the community property to cover the medical expenses.

Second, regarding property division. Article 1087 of the Civil Code stipulates that upon divorce, the common property of the husband and wife shall be disposed of by mutual agreement; if an agreement cannot be reached, the people's court shall, based on the specific circumstances of the property, make a judgment in accordance with the principle of protecting the rights and interests of children, the wife, and the party without fault. Although the provision does not directly mention the "ill party," in judicial practice, courts will consider factors such as the ill party's treatment needs and future living capacity, and make appropriate adjustments in property division. For example, the ill party may be given priority in the allocation of essential living property such as housing.

Additionally, regarding spousal support after divorce, Article 1090 of the Civil Code stipulates that if one party experiences financial hardship at the time of divorce, the other party who has the ability to provide support shall offer appropriate assistance. Circumstances of financial hardship include lack of working capacity, absence of a source of income, suffering from a major illness, and similar situations. Therefore, even if the court grants a divorce, the ailing party may still claim a lump-sum or periodic spousal support payment.

4. Does media exposure affect judicial rulings? Lawyers remind: public opinion cannot replace evidence.

In the drama, Zhang Lihui's act of seeking media exposure—is it effective in real life? As lawyers, we remind you: public opinion can prompt judicial authorities to pay attention, but it can never replace legal procedures and evidence.

According to Article 64 of the Civil Procedure Law, the parties concerned have the responsibility to provide evidence for their own claims. Media exposure itself is not legal evidence, and court adjudication still centers on evidence. If the ill party wishes to obtain a favorable property distribution or spousal support, they should collect the following evidence:

1. Diagnostic certificate, medical records, and medical expense receipts (to prove the illness and costs);

2. Income certificate, property list (to prove the financial status of both parties);

3. Audio recordings, chat logs, or other evidence of the other party's abandonment or abuse;

4. Appraisal opinion on the loss of working capacity due to illness.

Additionally, if media exposure involves the other party's privacy or fabricated facts, it may lead to disputes over the right to reputation. According to Article 1024 of the Civil Code, no organization or individual may infringe upon others' right to reputation through means such as insult or defamation. The patient's side should also avoid taking extreme measures when defending their rights; otherwise, they may shift from being in the right to being in the wrong.

Conclusion: The warmth of law lies in balancing rights and obligations.

The ending of "The Masterpiece" leaves the audience deep in thought, yet real-life divorce cases involving illness are far more complex than the plot. The law, in balancing the freedom of divorce with the protection of the vulnerable, reflects a respect for the dignity of life. For the ill party, proactively understanding legal provisions, promptly gathering evidence, and seeking professional legal assistance are key to safeguarding their own rights.

If you or a loved one are facing a similar predicament, it is advisable to consult a professional matrimonial and family law attorney. Guangdong Zhiming Law Firm has deep expertise in the matrimonial and family law field for many years and can provide you with comprehensive legal services, including litigation strategy, property planning, and evidence organization. The law is not a cold set of provisions, but a powerful weapon that safeguards every person in distress.