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Should divorce personal social security be divided equally?
Legal analysis: if one of the husband and wife did not retire at the time of divorce and did not meet the conditions for receiving pension insurance benefits, the people's court would not support the other party's request to divide the pension insurance according to the joint property of the husband and wife; After marriage, the joint property of husband and wife is used to pay the old-age insurance premium. The people's court shall support one party's claim that the part of the pension account actually paid by the individual during the marriage relationship is divided as the common property of the husband and wife.
Legal basis: Article 1063 of the Civil Code of People's Republic of China (PRC) (hereinafter referred to as the Civil Code). The following property is the personal property of one spouse: (1) the pre-marital property of one spouse; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.
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