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【案例】薛丽红与丈夫结婚后不久,双方签订了一份书面协议,内容为:两人的生活费实行AA制;个人收入归自己支配,相互无扶养义务,即使对方患上重大疾病,治疗费用也由自己承担。该协议执行了3年后,半年前,薛丽红被查出患有乳腺癌,她需要大笔的治疗费用,但她的积蓄已全部花完,她多次要求丈夫承担其继续治疗的费用,可丈夫以双方签订有“互不扶养”协议为由一再拒绝。那么,在这种情况下,薛丽红的丈夫对她还有扶养义务吗?【分析】薛丽红的丈夫必须承担扶养义务。一方面,她与丈夫之间“互不扶养”的约定违法。《婚姻法》第二十条规定:“夫妻有互相扶养的义务。一方不履行扶养义务时,需要扶养的一方,有要求对方付给扶
Shortly after the marriage between Xue Lihong and her husband, the two parties signed a written agreement which states that the living expenses of the two people are subject to the AA system. Individual income is at their own disposal and there is no obligation to support each other. Even if the other party suffers from a major illness, the treatment cost By yourself. Three years after the agreement was implemented, six months ago, Xue Lihong was diagnosed with breast cancer. She needed large sums of treatment, but her savings were exhausted. She repeatedly asked her husband to cover the costs of continuing treatment. Husband repeatedly rejected the agreement signed by both parties on the grounds of ”mutual support“. So, in this case, Xue Lihong husband her obligation to support it? [Analysis] Xue Lihong husband must assume the obligation to support. On the one hand, the agreement between her and her husband that they ”do not support each other“ is illegal. Article 20 of the Marriage Law stipulates: ”The obligation of husband and wife to support each other. When one party fails to perform its obligation of providing for support,